Proposal for a COUNCIL REGULATION (EC) modifying Regulation (EEC) No 189/92 adopting provisions for the application of certain control measures adopted by the Northwest Atlantic Fisheries Organization
Date: 1995-06-14
Institutions: European Commission
Subjects: North-West Atlantic Fisheries Organisation, exchange of information, fishing controls, means of communication, report

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  14.06.1995 
COM(95)  266  final 

95/0150  (CNS) 
95/0151  (CNS) 
95/0152  (CNS) 

Proposal  for  a 
COUNCIL  REGULATION  (EC) 
amending  Regulation  (EEC)  No  1956/88  of  9  June  1988 
adopting  provisions  for  the  application  of  the  Scheme  of  Joint  International  Inspection 
adopted  by  the  Northwest  Atlantic  Fisheries  Organization 

Proposal  for  a 
COUNCIL  REGULATION  (EC) 
modifying  Regulation  (EEC)  No  189/92  adopting  provisions  for  the 
application  of  certain  control  measures  adopted  by 
the  Northwest  Atlantic  Fisheries  Organization 

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) 

Proposal  for  a 
COUNCIL  REGULATION  (EC) 
amending,  for  the  second  time,  Council  Regulation  (EC)  No  3366/94  of  20  December  1994 
laying  down  for  1995  certain  conservation  and  management  measures  for  fishery  resources 
in  the  Regulatory  Area  as  defined  in  the  Convention  on  Future  Multilateral  Cooperation 
in  the  Northwest  Atlantic  Fisheries 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

In the framework  of the Agreement on Fisheries with Canada of 20 April  1995 the European 

Community  agreed  to  the  introduction  of  a  series  of  new  control  measures  applicable  to 

fishing  vessels  operating  in  the  NAFO  Regulatory  Area.  The  new  measures  agreed  will 

expand  the  rôle  and  duties  of  Commission  Inspectors  assigned  to  the  Scheme  of  Joint 

International  Inspection  and Surveillance and consequently,  it is n^ç^ary  tp amend Council 

Regulation  (EEC)  N°  1956/88 of 9 June  1988. 

Adoption  of  this proposal  will  not result  in any  new  financial  costs  on  the Community. 

& 

Proposal  for a  Council  Regulation  (EC)  N° 

/95  95/0150 

(CNS 

of 

1995 

amending  Regulation  (EEC)  N°  1956/88  of  9 June  1988 

adopting  provisions  for the application  of the Scheme  of Joint  International 

Inspection  adopted  by the Northwest  Atlantic  Fisheries  Organisation. 

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  Regulation  (EEC)  N*  1956788e3*  implements  the  Scheme  of  Joint  International 

Inspection  adopted  by  the  Northwest  Atlantic  Fisheries  Organisation  (NAFO)  Fisheries 

Commission  on  10 February  1988; 

(,)  O J.  L 

C)  O.J.  L 

w  O.J.  L175 of 06.07.1988,  p.  1. 

5 

Whereas in the interest of improving control and enforcement  in the NAjFO 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)  N°  1956/88 is hereby  amended  as  follows: 

1.  The  following  shall  be added  to paragraph  2  (ii)  of  tftç  Aflflfflt-' 

"Inspections  of  vessels  shall  be  carried  out  in  an  non-discriminatory  nianner.  The 

number  of  inspections  shall  be  based  upon  fleet  size,  taking  infp  account  their 

compliance records.  Contracting  Parties  shall ensure  that their  inspectors  takp special 

care  to  avoid  damage  to  the  cargo  or  to  the  gear  inspected. 

Interference  wjth  both 

fishing and  non  fishing  activities  shall  be minimised.  Crews  and  vessels  operating  in 

conformity  with  NAFO  Conservation  and  Enforcement  Measures  shaJJ 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  sub-paragraph  of paragraph  3 of  the  Annex  to  regulation  N°  1956/88 is 

replaced  with  the following  : 

k 

"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 a 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". 

5T 

ARTICLE  2 

This  Regulation  shall  enter  into  force  on  the seventh  day  following  that of" 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. 

Done  at Brussels, 

1995. 

For  the Council 

The  President 

G 

EXPLANATORY  MEMORANDUM 

In the framework of the Agreement on Fisheries with Canada of 20 April  1995 the European 

Community  agreed  to  the  introduction  of  a  series  of  new  control  measures  applicable  to 

Community fishing vessels operating in the NAFO Regulatory Area. 

Among the measures agreed is a proposal requesting fishing vessels entering and exiting from 

the NAFO Regulatory Area to report, via the current hail system, catches retained on board. 

The adoption of this proposal and the subsequent implementation of an amended hail system 

will assist the verification  of catch quantities and their composition  through inspection at sea 

and generally  strengthen  the rules governing catch reporting in the NAFO Area. 

This amendment  to the current hail system  will  not create any financial obligations  for the 

Community nor significantly  increase the financial and reporting obligations on Community 

fishing  vessels  operating  in the NAFO Regulatory Area. 

¥ 

PROPOSAL FOR A COUNCIL REGULATION (EEC) N° 

195  >>',/,n ,t, 

t. 

of 

11995 

Modifying  Regulation  (EEC) n°  189/92 adopting 
provision  for the application of certain control  measures 
adopted by the Northwest Atlantic Fisheries Organization 

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,  (I) 

Having regard  to the opinion of the European Parliament(2), 

Whereas Council Regulation (EEC) n° 189/92 of 27 January 1992 adopted provisions for the 

application  of  certain  control  measures  adopted  by  the  Northwest  Atlantic  Fisheries 

Organization  °\ 

Whereas the European  Community and Canada have agreed in the Agreement on Fisheries 

of 20 April  1995 to introduce additional control measures which shall apply to fishing vessels 

operating in  the NAFO Regulatory Area, 

Whereas it is necessary to amend Regulation EEC N°  189/92, in order to oblige Community 

fishing  vessels  to comply  with those new measures. 

(1)  O.J.  ... 

®  O.J.  ... 

®  O.J.  L21  of  30.1.1992,  p. 4. 

HAS ADOPTED  THIS REGULATION 

Article 1 

Regulation  (EEC) n°  189/92 is hereby  amended  as follows  in the Annex 

1. The following  text  is added  to points  1.1  and  1.4: 

'  - Species  (3 Alpha code) in  kilograms  (rounded  to the nearest  100 kilograms)" 

2. The following  text  is added to point  1.4: 

" These reports shall be made at least six hours in advance of the vessel's exit from  the 
Regulatory  area and shall  contain  the following  particulars  in the following  order: " 

3. The following  text  is added  as point  1.5 I 

f  -Transshipment  in the Regulatory  area. This report shall be made at least six hours in 

advance and shall  contain the following  particulars  in the following  order: 

A. Name of vessel, 
B.  Call  sign, 
C. External  identification  letters  and numbers, 
D. The date, time and geographical  position, 
E. Indication  of the message code: "TRANS" 
F.  The  total  round  weight by  species (3 alpha code)  to  be transshipped  in  kilograms 

(rounded  to the nearest  100 kilograms), 

G. The name of the master. " 

Article 2 

This regulation  shall  enter  into force  on the seventh  day following  that of  it's publication  in 
the Official  Journal  of the European  Communities. 

This regulation  shall be binding  in it's entirety  and directly  applicable  in all Member States. 

Done  at Brussels 

1995 

For the Council 
The President 

•b 

EXPLANATORY  MEMORANDUM 

In the framework of the Agreement on Fisheries with Canada of 20 April  1995, the European 

Community  agreed  to  the introduction  of  a series  of  new  control  measures  applicable  to 

fishing vessels  operating in the NAFO Regulatory Area. 

Among the new measures agreed to is a proposal to modify the current NAFO Pilot Observer 

Scheme with respect to the range of duties and powers of observers 

Consequently it is necessary to adopt a new Council Regulation  to implement the provisions 

of the Bilateral  Agreement. 

This proposal  sets  out  the competences  of  both Member  States  and"the Commission  with 

respect to the implementation of the Scheme and stipulates the powers and duties of assigned 

observers. 

The Commission  will finance the proposed Observer Scheme  through  the payment of a per 

diem allowance  and travel expenses to Community observers. 

^00 

PROPOSAL FOR A 

9 5/ 0 1 52 

( C Ns 

COUNCIL REGULATION (E  J)  n ° 

.. .195 

OF 

1995 

ESTABLISHING  A EUROPEAN COMMUNITY  OBSERVER  SCHEME 

APPLICABLE TO COMMUNITY FISHING  VESSELS 

OPERATING  IN THE REGULATORY  AREA 

OF THE NORTHWEST ATLANTIC FISHERIES  ORGANIZATION 

(NAFO). 

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,(1) 

Having regard  to the opinion of the European Parliament  a) 

Whereas the Convention on Future Multilateral Cooperation in the Nortwest Atiandc Fisheries 
was approved  by  the Council by Regulation (EEC) n° 3179/78  0)  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 the 
Council in Regulation  (EEC) n°  1956/88  (4) 

O) 

. .. 

0) 

• • • 

®  OJL378,  30.12.1978,  p. 1 

(4)  OJL  175,  6.7.1988,  p. 1 

sU* 

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  3928/92(5), 

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  Council  Regulation  (EEC)  n°  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) n°  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. 

(5)  O J L 3 9 7,  31.12.1992,  p. 

-\t 

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 1. 

Article 5 

The  Commission  shall pay the observers by means of a per diem  allowance  in accordance 

with  the rules  in Annex  2. 

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 the 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. 

A% 

Article 7 

Regulation  (EEC)  n°  3928/92 is hereby repealed. 

Article 8 

This  Regulation  shall  enter  into  force  oh  the  seventh  day  following  its  publicauon  in the 

Official  Journal  of  the European Communities. 

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

Done at Brussels 

' 

1995 

For the Council, 

AQ 

ANNEX 1 

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 appendix 1 

to Annex  I. 

b) 

Verify  the position  of  the vessel when  engaged  in fishing activity. 

AV 

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  utilised  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 N.R.A.  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  I. 

k) 

Monitor  the  functioning  of  automatic  remote  position  recording 

facilities  if on board  and used by  the vessel  observed. 

1) 

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 

U6 

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 of 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 of 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. 

M 

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. 

A8 

FISHING  OPERATION  • REPORT 

LOCAL TIME ZX  + 

Appendix  I to Annex I 

I. Sctial No 

Vend. 

2. Type of  gete 

No of  hooks *. 

Nooljtl! 

—  Dace 

Tlfiie 

Observer s  name 

_ ^ — — — i — _ _ _ _ __  Rcgtstntion No 

Nationality 

No  of haul 

u—h  M« 

, 

Attactuaencs  to  nets 

3,  Position  * 

»' 

* 
. 

NAFO  Division 

N 

W  Depth 

.  M  Fishing  time 

Mesh ma  of attachments 

mm 

Q 

O 

Position 

N 

^.WTTme  -. 

UTC 

Change of  NAFO  •  division 

yes 

no 

O 

D- 

C o d e-

Hà3 rtpoa  taasaiiaed 
Does the actual  position  correspond -with the latest crjutstnictcd- bail report 

yes*  "  no 

V»  — 

Area 

Radio OTG 

UTC 

D  D 
yes  no 

<  Cicchcs  kepc  on  board. All species  io  kilograms. . 

Species 

Observer's 
estimates  in  liv 

EEC 
tejbook 

Production 
J o f b o ek 

H o* 

processed 

Convert ion 
fsctoa-  used 

Obsenvr't  estimates 
In 'processed  wight 

3  .  Alphs 
cedes 

Present 
haul 

{Accumulated, 
t oo is 

No 

Sacet 

Sheet 

No 

Gbser-

Present 

^^ 

' h a ul 

Maimilit^, 
«ooh 

S. Undented  fish  observed 

Q  *  .Species 
..-. 
. '. 
no" 

Amounts  in kg 

in  % 

Dù«rd,  0f  u n d e r s i z ed 

D 
ye, 

' ° 
no 

A m o o nB  în  k* 

fish 

. 

. 

. 

. 

A$ 

Z<D 

ANNEX 2 

Detailed rules referred  to in Article 5. 

1. 

A per diem allowance fixed at 120 ECU 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. 

<?<* 

In the case of Observers recruited on an individual basis the following rules shall 

apply: 

(!) 

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. 

V 

Z<L 

FINANCIAL  STATEMENT 

1. 

TITLE 

Proposal  for  a Council Regulation  establishing a European  Union  Observer Scheme 

applicable  to Community fishing vessels  in the Northwest  Atlantic Fisheries. 

2. 

BUDGETARY LINE CONCERNED 

, 

Line  B-2-902 

3. 

LEGAL  BASIS 

Article  43 of  the Treaty. 

4. 

GENERAL  OBJECTIVE 

4.1.  General  objective 

To  establish  and  implement a comprehensive observer  scheme. 

4.2. 

Period  covered 

1995  May  to  1997  September.  The  effectiveness  of  the  Observer  Scheme  will  be 

evaluated  at  the NAFO Annual  Meeting  of September  1997. 

5. 

CLASSIFICATION  OF EXPENSES. 

D.O. 

6. 

TYPE  OF  EXPENSES 

The  expense incurred  covers the payment of a per diem  allowance  of  12 ooo ECU 

to  Community  observers and their travel expenses.  Overall  expenses will depend on 

the  number  of  Community  vessels actually fishing in  the  NAFO  Regulatory  Area. 

£3 

7. 

AMOUNT  OF EXPENSE 

Anticipated  expenditure for  1995 that is,  from  1 May  to 31  December,  amounts to 

1.468.848 ECU distributed as follows  : 

245x12000  ECU  x  30(based  on  30  observers  present)  883.800  ECU 

••  Travel  expenses 

Introductory Training Course 

• 

TOTAL 

' 

• 

' 

' 

8. 

ANTI-FRAUD  PROVISIONS 

" 

-  5 6 2 > 0 Q0 

E aj 

i, 

48  000  ECU 

l 

4 93 

0 0° 

Payment  of per diem allowance is made direcdy  to the assigned  Observer on receipt 

of a contract of employment between  the observer and  the competent authority of the 

Member  States and  upon presentation  of  the observation  report. 

9. 

ELEMENTS  OF COST/BENEFIT  ANALYSIS 

Observers must be placed on board Community fishing vessels operating in the NAFO 

Regulatory  Area otherwise,  the vessels  are  not deemed  authorised  to commence pr 

continue fishing activities. 

Provision  has been  made to evaluate the effectiveness  including  cost-effectiveness  of 

the  ObserverScheme during  the period  1995-1997 in  order  to determine  whether it 

usefully  complements  the  existing  Joint  Scheme  of  International  Inspection  and 

Surveillance. 

10.  ADMINISTRATIVE  EXPENSE 

None. 

*v 

EXPLANATORY  MEMORANDUM 

On  6 April  1995  the  Council  fixed  an  autonomous  quota  for  Greenland  halibut  in  NAFO 
areas  2+3  for  1995  at  18,630  tonnes,  following  the  objection  procedure  to  the  NAFO 
allocation of the Greenland  halibut TAC  for  1995,  adopted  by the Council on 28  February 
1995. 

Following the conflict over Greenland halibut in the Northwest Atlantic, the Community and 
Canada have negotiated an agreement  to settle the dispute.  This agreement  was  initialled on 
16 April  1995. On  17 April  the Council  authorized  the Commission  to sign  the provisional 
application of the Agreed Minute, and subsequently,  on 20 April, the Commission signed the 
provisional  application. 

According  to  this  Agreed  Minute,  Community  fleets  would  have  fishing  possibilities  for 
Greenland  halibut  in  NAFO  areas  3LMNO  amounting  to  5,013  tonnes  from  16  April 
onwards.  The Community  should also submit to the NAFO Secretariat  the fishing  plans  for 
the  Greenland  halibut  fishery  for  1995  and  implement  the  installation  and  operation  of 
satellite-tracking  devices  on some of  the vessels  concerned. 

The present  proposal  modifies  for  the second time Council Regulation  (EC) No.  3366/94 to 
the effect  of establishing  the new maximum  level of catches for  Community fleets  in NAFO 
waters,  and  requiring  Member  States  to transmit  to the Commission  their  fishing  plans  for 
Greenland  halibut and to implement the satellite-tracking  programme  on vessels  flying  their 
flag. 

*v 

Proposal  for a 

COUNCIL REGULATION  (EC) No 

of 

amending,  for the second time,  Council Regulation  (EC) No.  3366/94  of 20 December 

1994 laying  down for  1995 certain conservation  and management  measures  for 

fishery  resources in the Regulatory  Area as defined  in the  Convention  on Future 

Multilateral  Cooperation  in the North  West Atlantic  Fisheries 

THE  COUNCIL  OF THE  EUROPEAN  UNION, 

Having  regard  to the Treaty  establishing  the  European  Community, 

Having  regard  to Council  regulation  (EEC)  No. 3760/92 of 20 December  1992 establishing 
a  Community  system  for  fisheries  and aquaculture 1 and,  in particular,  article  8(4)  thereof, 

Having  regard  to the proposal  from  the Commission, 

Whereas  Council  Regulation  (EC)  No.  3366/94  of  20  December  1994  lays  down  fishing 
quotas  for  Member  States  in the NAFO  Regulatory  Area  for  1995; 

Whereas  Council  Regulation  (EC)  No.  850/95  of  20.4.1995  (l)  establishes  for  1995  an 
autonomous  quota  for  Greenland  halibut  in NAFO areas  2 and  3 at  18,630 tonnes; 

Whereas  following  bilateral  negotiations,  the  European  Community  and the government  of 
Canada  signed  an Agreed  Minute  on fisheries  and agreed  on  its provisional  application;. 

Whereas  the  Agreed  Minute  establishes  that  Community  fleets  will  limit  their  catches  of 
Greenland  halibut  in NAFO areas  3LMNO to 5,013  tonnes  from  16 April  1995 onwards, 

Whereas  in order to ensure the conservation of the Greenland halibut stock, provisions should 
be made  with  regard  to the communication  of effort  plans  for  this  fishery; 

Whereas  in  order  to  improve  compliance  with  NAFO  Conservation  and  Enforcement 
Measures  the Community should implement a pilot project for satellite-tracking. 

Whereas  Council  Regulation (EC)  No.  3366/94 should therefore  be amended, 

O.J.  No L  86 of  20.4.1995, p.  1 

SLC 

HAS ADOPTED  THIS  REGULATION: 

Article 1 

Council  Regulation  (EC)  No.  3366/94  is amended  as  follows: 

1. 

2. 

Annex  I is replaced  by  the Annex  I to this  Regulation. 

Article  2bis  is added  as  follows: 

"Article  2bis 

Member  States  shall  inform  the Commission,  of  the  fishing  plan  for  the  Greenland 
halibut  fishery  in  the  Regulatory  Area  and  shall,  no  later  than  1 December  1995, 
report  to the Commission  on  its  implementation". 

3. 

Article  5bis  is added  as  follows: 

"Article 5bis 

Member  States  shall  install  satellite-tracking  devices  on at  least  35  % of  the  vessels 
flying  their flag and  fishing  in the Regulatory  Area,  in accordance with the rules and 
procedures  set out  in Annex  VI". 

4. 

Annex  II to this  Regulation  is added  as  Annex VI. 

Article 2 

All catches by Member  States of Greenland halibut  in areas 2+3  prior to the adoption of the 
present  Rregulation,  and  taken  after  15  April  1995  shall  be  counted  against  the  quota 
established  in  Annex  I. 

Article  3 

This  regulation shall enter  into force  the 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. 

Done at Brussels, 

For  the  Council 
The  President 

8Lf 

ANNEX I 

Species 

Stock 

Geographical 
region 

Member State 

1995 quota 
(tonnes) 

Zone 

Cod 

North West  Atlantic 

NAFO 2J3KL 

Cod 

North  West  Atlantic 

NAFO 3NO 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxemburg 
Netherlands 
Portugal 
United  Kingdom 
Austria 
Finland 
Sweden 
Available  for 
Member  States 

EC total 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxemburg 
Netherlands 
Portugal 
United Kingdom 
Austria 
Finland 
Sweden 
Available  for 
Member  States 

EC total 

0 

0 

3rg 

Species 

Stock 

Geographical 
region 

Member State 

1995 quota 
(tonnes) 

Zone 

Cod 

North West  Atlantic 

NAFO 3M 

Atlantic  redfish 

North West  Atlantic 

NAFO 3M 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxemburg 
Netherlands 
Portugal 
United  Kingdom 
Austria 
Finland 
Sweden 
Available  for 
Member  States 

EC total 

Belgium 
Denmark 
Gennany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxemburg 
Netherlands 
Portugal 
United Kingdom 
Austria 
Finland 
Sweden 
Available  for 
Member  States 

EC total 

513 

1,574 
221 

2,155 
1,022 

5,485 

4,030 

£<5 

Species 

Stock 

Geographical 
region 

Member  State 

1995  quota 
(tonnes) 

Zone 

Atlantic  redfish 

North  West  Atlantic 

NAFO 3LN 

American  plaice 

North  West  Atlantic 

NAFO 3M<0 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxemburg 
Netherlands 
Portugal 
United  Kingdom 
Austria 
Finland 
Sweden 
Available  for 
Member  States 

EC total 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxemburg 
Netherlands 
Portugal 
United  Kingdom 
Austria 
Finland 
Sweden 
Available  for 
Member  States 

EC  total 

476 

476 

0 

There  will  be  no  direct  fishing  on  this  species,  which  will  be  caught  only  as  a  by-catch,  without 
prejudice  to the rules  set  out in Article  4 (3) hereof. 

'3>o 

Species 

Stock 

Geographical 
region 

Member State 

1995  quota 
(tonnes) 

Zone 

American  plaice 

North  West  Atlantic 

NAFO 3LNO(1) 

Yellowtail 
flounder 

North West  Atlantic 

NAFO 3LNO(1) 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxemburg 
Netherlands 
Portugal 
United  Kingdom 
Austria 
Finland 
Sweden 
Available  for 
Member  States 

EC total 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxemburg 
Netlierlands 
Portugal 
United  Kingdom 
Austria 
Finland 
Sweden 
Available  for 
Member  States 

EC total 

0 

0 

(1) 

There  will  be  no  direct  fishing  on  this  species,  which  will  be  caught  only  as  a  by-catch,  without 
prejudice  to the rules set  out in Article 4(3) hereof. 

3^ 

Species 

Stock 

Geographical 
region 

Member State 

1995  quota 
(tonnes) 

Zone 

Witch flounder 

North  West  Atlantic 

NAFO  3NO (1) 

Capelin 

North  West  Atlantic 

NAFO 3NO 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxemburg 
Netherlands 
Portugal 
United  Kingdom 
Austria 
Finland 
Sweden 
Available  for 
Member  States 

EC total 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxemburg 
Netherlands 
Portugal 
United  Kingdom 
Austria 
Finland 
Sweden 
Available  for 
Member  States 

EC  total 

0 

0 

(1) 

There  will  be  no  direct  fishing  on  this  species,  which  will  be  caught  only  as  a  by-catch,  without 
prejudice  to the rules set  out in Article  4(3) hereof. 

^*L_ 

Species 

Stock 

Geographical 
region 

Squid 

North  West  Atlantic 

Zone 

NAFO-
subzones  3+4 

Greenland 
halibut 

North  West  Atlantic 

NAFO-
subzones  2 + 3 

Member State 

1995  quota 
(tonnes) 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxemburg 
Netherlands 
Portugal 
United  Kingdom 
Austria 
Finland 
Sweden 
Available  for 
Member  States 

EC  total 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxemburg 
Netherlands 
Portugal 
United  Kingdom 
Austria 
Finland 
Sweden 
Available  for 
Member  States 

EC  total 

p.m. 

5,013(2) 

(2) 

This quota  shall  apply  as  from  16 April onwards. 

Vî> 

Species 

Stock 

Geographical 
region 

Member State 

1995  quota 
(tonnes) 

Zone 

Shrimp 

North  West  Atlantic 

NAFO 3LNO(1) 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxemburg 
Netherlands 
Portugal 
United  Kingdom 
Austria 
Finland 
Sweden 
Available  for 
Member  States 

EC total 

0 

Tliere  will  be  no  direct  fishing  on  this  species,  which  will  be  caught  only  as  a  by-catch,  without 
prejudice  to the  rules  set  out  in Article  4  (3) hereof. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

ANNEX  II 

The  competent  authority  responsible  for  carrying  out  the  Pilot  Project  for  satellite-
tracking  shall  be  designated  by  each  Member  State,  which  shall  communicate  to  the 
Commission,  no later  than seven days after  this  Regulation  has entered  into force,  the 
name,  address,  telephone  number  and  fax  number  of  that  authority. 

Each Member State shall take the necessary  steps to ensure that the competent authority 
referred  to  in  paragraph  1 is  equipped  with  computerized  installations  allowing  to 
process the data transmitted by or received from  the fishing  vessels referred  to in which 
satellite-tracking  devices  are  installed. 

The  satellite  tracking  devices  referred  to  in  Article  5bis  shall  ensure  the  automatic 
transmission,  on an hourly basis, of data relating  to the position of the vessel on which 
they  are  installed,  with  a  position  error  which  must  be  less  than  500  metres  and  a 
confidence  interval of 99%, and the date and time of the recording of the said position, 
to the competent  authority  of  the flag Member  State and  to the  Commission. 

The  installations  referred  to  in  paragraph  2  shall  allow  the  continuous  position 
monitoring,  of  the vessels  flying  the  flag  of  the Member  State  concerned,  regardless 
the  maritime  waters  in  which  they  are  operating  or  the  port  they  are  in.  They  must 
enable  the flag  Member  State,  whatever  the system  used,  to: 
a) 

collect,  process,  record  and  centralize  in  computer-readable  form,  the  data 
referred  to  in paragraph  3; 
communicate  in an automatic way the data transmitted  by or recovered  from  its 
vessel  to the  Commission. 

b) 

Each Member State shall forward  to the Commission,  no later than seven days after  this 
Regulation  has entered  into force,  the following  information: 
a) 

the  number  of  vessels  concerned  and  their  technical  description  (internal  fleet 
register  number,  name, external  identification  number,  length,  tonnage, engine 
power,  radio  call  sign,  type of vessel); 
the technical characteristics  of the equipment and the installations  referred  to in 
paragraphs  2 and 3. 

b) 

Member  States  shall  inform  the Commission  regularly  of  the  implementation  of  their 
Pilot  Project. 

In the event of a vessel having to be added,  withdrawn or replaced,  or the data relating 
to a vessel  having  to be altered,  the Member  State whose flag  the vessel  concerned  is 
flying,  shall  inform  the Commission  thereof. 

The  Commission  shall  cooperate  with  other  NAFO  Contracting  Parties  which  have a 
NAFO inspection vessel or aircraft  in the NAFO Convention Area in order to exchange 
information  on  a  real-time  basis  on  the  geographical  distribution  of  fishing  vessels 
equipped  with satellite-tracking  devices  and,  on specific  request,  information  related 
to the  identification  of a vessel. 

3 V 

9. 

The  data  communicated  or  acquired  in  whatever  form  by  virtue  of  paragraph  3  is 
covered  by professional  secrecy  and shall benefit  from  the same protection  granted  to 
similar  data  by  the  national  legislation  of  Member  States  receiving  them  and  by  the 
corresponding  provisions  applicable  to Community  institutions. 

10. 

Each  Member  State shall  pay all  its costs associated  with  the satellite  tracking  system. 

11. 

The  Commission  shall  prepare  a  report  on  the  results  of  the  Pilot  Project  from  the 
perspective  of efficiency  and effectiveness,  including: 

a) 

b) 
c) 
d) 

e) 

overall  effectiveness  of  the  Project  in  improving  compliance  with  NAFO 
Conservation  and  Enforcement  Measures; 
the effectiveness  of  the different  components  of  the  Project; 
costs  associated  with  satellite  tracking; 
estimations  of  fishing  efforts  from  observers  as compared  to  initial  estimation 
by  satellite  monitoring; 
analysis  of  the efficiency  in terms of cost/benefit,  the latter  being expressed  in 
terms  of  compliance  with  rules  and  volume  of  data  received  for  fisheries 
management. 

To  that end,  the Commission  may  request  all  relevant  information  from  the  Member 
States. 

12. 

The  report  shall  be  submitted  to  the  NAFO  Executive  Secretary  in  time  for  its 
consideration  at the  NAFO  Annual  Meeting  of September  1997. 

36 

ISSN 0254-1475 

COM(95) 266 final 

DOCUMENTS 

EN 

03  11 

Catalogue number  :  CB-C0-95-289-EN-C 

ISBN 92-77-90415-1 

Office for Official Publications of the European Communities 

L-2985 Luxembourg 

3>y