[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 26.2.2008

COM(2008) 107 final

Proposal for a

COUNCIL REGULATION

amending Council Regulation 1386/2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation

(presented by the Commission)

EXPLANATORY MEMORANDUM

The purpose of Council Regulation (EC) No 1386/2007 is to implement conservation and enforcement measures adopted by the Northwest Atlantic fisheries Organisation (NAFO) in Community law.

The conservation and enforcement measures of NAFO are subject to review at each annual meeting of NAFO.

During its 2007 annual meeting, held in Lisbon between 24-28 September, NAFO adopted a number of modifications to these conservation and enforcement measures. The following modifications were adopted:

- A definition of the concept of transhipments;

- Mesh size provisions for the redfish fishery in NAFO Division 3O;

- Introduction of a closed area for bottom contact gear to protect vulnerable deep sea corals;

- Additional catch reporting requirements for the shrimp fishery in NAFO Division 3L;

- Technical requirements for the construction of boarding ladders and pilot hoists;

- Amendments to the list of stocks subject to regular reporting requirements;

- Modifications to the template for port inspections; and

- Modifications to the list of product codes intended to apply the same standards as those in force in the North East Atlantic.

These modifications were adopted with the support of the Community following consultations with Member States, concerned industry and non governmental organisations.

These modifications are binding and should therefore be implemented in Community law.

The purpose of this proposal is to introduce the necessary amendments to Council Regulation (EC) No 1386/2007.

The proposal falls under the exclusive competence of the Community. The subsidiary principle does therefore not apply.

The proposal has no implications for the Community budget.

The legal basis for the proposal is the review clause in Article 70 of Council Regulation 1386/2007.

The Council is hereby requested to adopt this proposal as soon as possible.

Proposal for a

COUNCIL REGULATION

amending Council Regulation 1386/2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation 1386/2007, and in particular Article 70 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) Council Regulation (EC) No 1386/2007 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation implements certain conservation and enforcement measures adopted by the Northwest Atlantic Fisheries Organisation (hereinafter referred to as "NAFO").

(2) At its twenty-ninth Annual meeting held in September 2007, NAFO adopted a number of amendments to the conservation and enforcement measures of NAFO. Those amendments relate to the provisions on mesh size, transhipments, closed areas to ensure coral protection, catch reports, definition of serious infringement, product codes, the port inspection format as well as technical requirements for boarding ladders.

(3) Regulation (EC) 1386/2007 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1386/2007 is amended as follows:

(1) In Article 3, the following point 20 is added:

"20) “Transhipment” means the transfer, over the side, of any quantity of fisheries resources or products thereof retained on board, from one fishing vessel to another.

(2) In Article 7, the following paragraph 4 is added:

"4. Vessels fishing for redfish in Division 3O using mid-water trawls shall use nets with a minimum mesh size of 90 mm."

(3) Article 12 shall read as follows:

Fisheries restricted areas

1. The conduct of fishing activities involving demersal fishing gears shall be prohibited in the following areas:

Area | Coordinate 1 | Coordinate 2 | Coordinate 3 | Coordinate 4 |

Orphan Knoll | 50.00.30 47.00.30 | 51.00.30 45.00.30 | 51.00.30 47.00.30 | 50.00.30 45.00.30 |

Corner Seamounts | 35.00.00 48.00.00 | 36.00.00 48.00.00 | 36.00.00 52.00.00 | 35.00.00 52.00.00 |

Newfoundland Seamounts | 43.29.00 43.20.00 | 44.00.00 43.20.00 | 44.00.00 46.40.00 | 43.29.00 46.40.00 |

New England Seamounts | 35.00.00 57.00.00 | 39.00.00 57.00.00 | 39.00.00 64.00.00 | 35.00.00 64.00.00 |

2. The following area in NAFO Division 3O shall be closed to all fishing activity involving bottom contact gear. The closed area is defined by connecting the following coordinates(in numerical order and back to coordinate 1).

Point No. | Latitude | Longitude |

1 | 42°53’00”N | 51° 00’ 00”W |

2 | 42°52’04”N | 51° 31’ 44”W |

3 | 43°24’13”N | 51° 58’ 12”W |

4 | 43°24’20”N | 51° 58’ 18”W |

5 | 43°39’38”N | 52° 13’ 10”W |

6 | 43°40’59”N | 52° 27’ 52”W |

7 | 43°56’19”N | 52° 39’ 48”W |

8 | 44°04’53”N | 52° 58’ 12”W |

9 | 44°18’38”N | 53° 06’ 00”W |

10 | 44°18’36”N | 53° 24’ 07”W |

11 | 44°49’59”N | 54° 30’ 00”W |

12 | 44°29’55”N | 54° 30’ 00”W |

13 | 43°26’59”N | 52° 55’ 59”W |

14 | 42°48’00”N | 51° 41’ 06”W |

15 | 42°33’02”N | 51° 00’ 00”W |

(4) In Article 21(2), the following point (f) is added:

"f) catch prior to entry and exit from Division 3L. These reports shall be made by vessels that fish shrimp in Division 3L and shall be sent one hour prior to crossing the boundary of that Division. The report shall indicate the catches taken onboard since the previous catch report, by Division and species (3 alpha code) in kg, rounded to the nearest 100 kg."

(5) Article 47 is amended as follows:

- point (b) is replaced by the following:

"(b) provide a boarding ladder constructed and used as described in the conservation and enforcement measures of NAFO."

- the following point (b)a is inserted:

"(b)a if a mechanical hoist is provided, ensure that its ancillary equipment is of a type approved by the national administration. It shall be of such design and construction as to ensure that the inspector can be embarked and disembarked in a safe manner including a safe access from the hoist to the deck and vice versa. A boarding ladder complying with the provisions of point (b) shall be kept on deck adjacent to the hoist and available for immediate use."

(6) Annex II is amended in accordance with Annex I to this Regulation.

(7) Annex XII is amended in accordance with Annex II to this Regulation.

(8) Annex XIII is deleted.

(9) Annex XIV (b) is amended in accordance with Annex III to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

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

Done at Brussels,

For the Council

The President

ANNEX I

Annex II of Regulation (EC) No 1386/2007 is replaced by the following:

ANNEX II

The list that follows is a list of stocks that needs to be reported in accordance with Article 22.

ANG/N3NO. | Lophius americanus | American angler |

CAA/N3LMN. | Anarhichas lupus | Atlantic wolfish |

CAP/N3LM. | Mallotus villosus | Capelin |

CAT/N3LMN. | Anarhichas spp. | Catfishes (Wolffishes) nei |

HAD/N3LNO. | Melanogrammus aeglefinus | Haddock |

HAL/N23KL. | Hippoglossus hippoglossus | Atlantic halibut |

HAL/N3M. | Hippoglossus hippoglossus | Atlantic halibut |

HAL/N3NO. | Hippoglossus hippoglossus | Atlantic halibut |

HER/N3L. | Clupea harengus | Herring |

HKR/N2J3KL | Urophycis chuss | Red hake |

HKR/N3MNO. | Urophycis chuss | Red hake |

HKS/N3LMNO | Merlucius bilinearis | Silver hake |

RNG/N23. | Coryphaenoides rupestris | Roundnose grenadier |

HKW/N2J3KL | Urophycis tenuis | White hake |

POK/N3O. | Pollachius virens | Pollock (=Saithe) |

PRA/N3LM | Pandalus borealis | Northern prawn |

RHG/N23. | Macrourus berglax | Roughhead grenadier |

SKA/N2J3KL | Raja spp. | Skates |

SKA/N3M. | Raja spp. | Skates |

SQI/N56. | Illex illecebrosus | Short fin squid |

VFF/N3LMN. | - | Fishes unsorted, unidentified |

WIT/N3M. | Glyptocephalus cynoglossus | Witch flounder |

YEL/N3M. | Limanda ferruginea | Yellow tail flounder |

ANNEX II

Annex XII of Regulation (EC) No 1386/2007 is replaced by the following:

ANNEX XII

Port Inspection Report

A. “PORT INSPECTION REPORT” FORM

Page n° | Of |

1. INSPECTION REFERENCE

Inspection authority |

Date of the report |

Port of inspection |

Vessel name |

2. TRIP INFORMATION[1]

Date trip started |

Trip number[2] |

Activity in the NAFO RA : |

Date Entry in the RA |

Date Exit from the RA |

Other Areas visited |

Date trip ended |

3. VESSEL IDENTIFICATION[3]

External Identification |

International Radio Call Sign |

Flag State |

NAFO Contracting Party |

Home port |

Vessel owner |

Vessel operator |

Master name |

4. RESULT OF INSPECTION OF DISCHARGE[4]

4.1. General information

Starting of discharge : | Date | Time |

Ending of discharge : | Date | Time |

Has vessel discharged all catches on board? | YES | If YES, fill in table 4.2 |

NO | IF NO, fill table 4.3 |

Comments |

4.2. Quantity discharged

Comments |

4.3. Quantity staying on board the vessel

To be filled where part of the catches stay on board after completion of discharge

Species | Presentation | Conversion factor | Process weight (kg) | Equivalent live weight (kg) |

Comments |

5. GEAR INSPECTION IN PORT[5]

5.1. General data

Number of gear inspected |

Date gear inspection |

Has the vessel been cited ? If Yes, complete the full “verification of inspection in port” form. If No, complete the form with the exception of the NAFO Seal Details. | ( Yes ( No |

5.2. Otter Trawl details

NAFO Seal number |

Is seal undamaged? | Yes | No |

Gear Type: |

Attachments: |

Grate Bar Spacing (mm) |

Mesh Type: |

Average mesh sizes (mm) |

TRAWL PART |

Wings: |

Body: |

Lengthening. Piece: |

Codend: |

6. INFRINGEMENTS AND FOLLOW-UP |

6.1 | Sea Inspection |

Infringements resulting from |

Inspections inside NAFO R.A. |

Inspection Party | Date of insp. | Division | NAFO CEM infringement legal reference |

6.2 | Port Inspection Infringements results |

( a ) - Confirmation of Infringements found at sea inspection |

NAFO CEM infringement legal reference | National Infringement legal reference |

( b ) - Infringements found at sea inspection and not possible to be |

confirmed during the Port Inspection. |

Comments : |

( c ) - Additional infringements found during the Port Inspection |

NAFO CEM infringement legal reference | National Infringement legal reference |

Follow-up comments : |

B.INFORMATION TO BE INSERTED IN THE REPORT

1. INSPECTION REFERENCES

Data Element | M /O | Category ; Definition |

Inspection authority | M | Inspection detail : Name of the inspection authority or of the alternate body nominated by the authority |

Date | M | Inspection detail : Date the report is compiled |

Port of inspection | M | Vessel activity detail : Place where the vessel is inspected : port followed by ISO –3 code of the country as “St Johns / CAN” |

Vessel Name | M | Vessel registration detail; name of the vessel |

2. TRIP INFORMATION

Data Element | M /O | Category ; Definition |

Date trip started | M | Vessel activity details : date started the current fishing trip |

Vessel trip number | O | Vessel activity details : Number of the fishing trip in current year |

Date Entry in the RA | M | Vessel activity details : Date the vessel entered the NRA for the current fishing trip |

Date Exit from the RA | M | Vessel activity details : Date the vessel exited from the NRA for the current fishing trip |

Other areas visited | O | Vessel activity detail : other area where vessel have been fishing during the current trip |

Date trip Ended | M | Vessel activity details : date ended the current fishing trip |

3. VESSEL IDENTIFICATION

Data Element | M /O | Category ; Definition |

External Identification Number | M | Vessel registration details : Side Number of the vessel |

International Radio Call Sign | M | Vessel registration details : International Radio Call Sign of the vessel |

Flag State | M | Vessel registration detail; State where the vessel is registered, 3-ISO country code |

NAFO Contracting Party | O (1) | Vessel registration detail :NAFO contracting party of the vessel, as ISO code of the country, EUR for European Community, NCP for Non Contracting Party |

Home port | O | Vessel registration details : Port of registration of the vessel or homeport |

Vessel owner | M | Vessel registration details : name and address of the vessel owner |

Vessel operator | M (2) | Vessel registration details : responsible for using the vessel |

Master name | O | Vessel activity details : name of the master |

(1) if different from the flag state

(2) if different from the vessel owner

4. RESULT OF INSPECTION ON DISCHARGE

4.1 General Information

Data Element | M /O | Category ; Definition |

Start date of discharge | M | Discharge detail: date the vessel started discharge |

End date of discharge | M | Discharge detail: date the vessel finished discharge |

Has vessel landed all catches on board? | M | Discharge detail : Has vessel landed all catches on board?, answer Y if yes, N if not |

Comments | O | Discharge detail: comments as necessary. If discharge as not been completed, please give an estimation on catch still on board |

4.2 Quantity Discharged

Data Element | M /O | Category ; Definition |

Species | M | Discharge detail : FAO 3-alpha code (part V, schedule II, attachment II) |

Presentation | M | Discharge detail : Product form |

Live Weight | M | Quantities determined from the logbook. |

Conversion factor | O | Product detail : Conversion factor as define by the master for the corresponding species, size and presentation, optional if already mention in table B |

Process weight | M | Discharge detail : Quantities landed by species and presentation, in kilograms of product, rounded to the nearest 10 kg |

Equivalent live weight | M | Discharge detail : Quantities landed in equivalent live weight, as “product weight x conversion factor”, in kilograms, rounded to the nearest 10 kg |

Comments | O | Discharge Details : free text area |

4.3 Quantities Staying On Board The Vessel

Data Element | M /O | Category ; Definition |

Species | M | Discharge detail: FAO 3-alpha code (part V, schedule II, attachment II) |

Presentation | M | Discharge detail: Product form |

Conversion factor | O | Product detail: Conversion factor as define by the master for the corresponding species, size and presentation, optional if already mention in table B |

Process weight | M | Discharge detail: Quantities landed by species and presentation, in kilograms of product, rounded to the nearest 10 kg |

Equivalent live weight | M | Discharge detail: Quantities landed in equivalent live weight, as “product weight x conversion factor”, in kilograms, rounded to the nearest 10 kg |

Comments | O | Discharge Details: free text area |

5. RESULT OF GEAR INSPECTION[6]

5.1 General Information

Data Element | M /O | Category ; Definition |

Date of inspection | M | Inspection detail : Date of current gear inspection |

Inspected gear | M | Inspection detail : number of gear checked during port inspection |

5.2 Otter Trawl Details

Data Element | M /O | Category ; Definition |

NAFO seal number | M | Inspection detail (if required) : Number of the NAFO seal attached to the gear after inspection at sea |

Is Seal Undamaged ? | M | Whether NAFO inspection seal is intact. – “yes” or “no” |

Gear type | M | International Standard Statistical Classification of the Fishing Gear , OTB for otter trawl |

Attachments | Otter trawl detail : attachment to footrope |

Grade bar spacing | M | Otter trawl detail : grade bar spacing in millimetres |

Mesh type | M | Otter trawl detail : respectively mesh type: SQ for square mesh , DI for diamant mesh |

Mesh size average | M | Otter trawl detail : average mesh size in the trawl part, by pair |

Trawl part | M | Trawl part measured |

Mesh size | M | Mesh size in millimetres |

6. INFRINGEMENTS AND FOLLOW-UP

6.1 Sea Inspection

Data Element | M /O | Category ; Definition |

Inspectors team | M | Contracting Party name; Fishery Patrol Vessel name |

Date of inspection | M |

Legal reference | M | Mention of the NAFO CEM Chapter; Article(s) paragraph(s) for each infringement |

6.2 Port Inspection Infringements Results

(a) – Confirmation of Infringements Found At Sea Inspection

Data Element | M /O | Category ; Definition |

Identification of the NAFO infringement | M | Mention of the NAFO CEM Chapter; Article(s) paragraph(s) for each infringement |

Identification of the National infringement | O | Mention of the National Reg. title Chapter; Article(s) paragraph(s) for each infringement |

(c) – Additional Infringements Found During The Port Inspection

Data Element | M /O | Category ; Definition |

Identification of the NAFO infringement | M | Mention of the NAFO CEM Chapter; Article(s) paragraph(s) for each infringement |

Identification of the National infringement | O | Mention of the National Reg. title Chapter; Article(s) paragraph(s) for each infringement |

ANNEX III

Annex XIV(b) of Regulation (EC) No 1386/2007 is replaced by the following:

Annex XIV(b)

Product form codes

Code | Product From |

A | Round – Frozen |

B | Round - Frozen (Cooked) |

C | Gutted Head on - Frozen |

D | Gutted Head Off – Frozen |

E | Gutted Head Off – Trimmed – Frozen |

F | Skinless Fillets – Bone in – Frozen |

G | Skinless Fillets – Boneless – Frozen |

H | Skin on Fillets – Bone in – Frozen |

I | Skin on Fillets – Boneless – Frozen |

J | Salted Fish |

K | Pickled Fish |

L | Canned Products |

M | Oil |

N | Meal Produced from Round Fish |

O | Meal Produced from Offal |

P | Other (Specify) |

[1] To be filled in by the inspection authority or any alternate body nominated by the authorities as soon as the vessel land to port, based on logbook records.

[2] Where applicable.

[3] To be filled in based on the license information.

[4] To be filled in after completion of discharge.

[5] Verification shall be done when non-compliance have been cited / observed during inspection at sea. To be filled in when port inspection also concerns inspection of gears on board. A detail form shall be filled in for every gear having been subject to port inspection.

[6] Verification shall be done when non-compliance have been cited / observed during inspection at sea. To be filled in when port inspection also concerns inspection of gears on board. A detail form shall be filled in for every gear having been subject to port inspection.