Proposal for a COUNCIL REGULATION (EEC) establishing a NAFO pilot observer scheme applicable to Community fishing vessels operating in the regulatory area of the Northwest Atlantic Fisheries Organization (NAFO)
Date: 1992-12-08
Institutions: European Commission
Subjects: EU Member State, North-West Atlantic Fisheries Organisation, application of EU law, fishing area, fishing controls, fishing vessel

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COMMISSION  OF  THE  EUROPEAN  COMVTUNITIES 

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) 

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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. 

Title of the 

act ion: 

Control  and  surveillance  in  international 
waters. 

2. 

Budget line: 

B2 922 (1992 Nomenclature, 1993-B2-902) 

3. 

Legal Basis: 

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: 
Amount  (ECU): 

1993 
240.000 120.000 

1994 

/ 

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 

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ISBN 92-77-50600-8 

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