Proposal for a COUNCIL REGULATION (EC) amending Regulation (EC) N 3069/95 establishing a European Community Observer Scheme applicable to Community fishing vessels operating in the Regulatory Area of the Northwest Atlantic Fisheries Organization (NAFO)
Date: 1996-12-13
Institutions: European Commission
Subjects: North-West Atlantic Fisheries Organisation, data collection, fishing area, fishing controls, fishing regulations

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  13.12 1996 
COM(%) 685 final 

96/<mO(CNS) 

Proposal  for  a 

COUNCIL  REGULATION  (EC) 

unending Regulation (EC) N°3069/95 establishing a European Community Observer 

Scheme applicable to Community fishing vessels operating in the Regulatory Area of the 

Northwest Atlantic Fisheries Organization (NAFO) 

(presented  by the  Commission) 

EXPLANATORY  MEMORANDUM 

At  its  18th  Annual  General  meeting,  the  NAFO  Fisheries  Commission  adopted  and 
the European  Commission agreed to the introduction  of new measures modifying  the 
observer scheme applicable to fishing vessels operating in the Regulatory Area of the 
NAFO.  Among the measures agreed are : 

the proposal  requesting  observers  assigned  to  the  observer  scheme  to  collect 
data on discards and retained undersized fish following  a detailed procedure; 
the proposal  requesting  masters  of the  fishing  vessels  operating  in the NAFO 
Regulatory Area, to provide to observers access to the retained catch and catch which 
is intended to be discard. 

The introduction of these measures shall assist the observers to fulfill  their duties. 

The adoption of this proposal amending the Council Regulation (EC) N°3069/95 will 
not have any financial  implication for the European Community. 

PROPOSAL FOR COUNCIL REGULATION (EC) N°..../96 OF 

amending  Regulation  (EC)  N°3069/95  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 Commission1, 

Having regard to the opinion of the European Parliament2, 

Whereas  Council  Regulation  (EC)  N°3069/953  establishing  an  European  Community 

Observer  Scheme applicable to Community fishing vessels operating  in the Regulatory  Area 

of  the  Northwest  Atlantic  Fisheries  Organization  (NAFO),  adopted  provisions  for  the 

assignment and the duties of the observers as well as for the obligations of the Masters of the 

Community  fishing  vessels  engaged  in or about  to  engage  in fishing  activities  in the NAFO 

Regulatory Area; 

Whereas the NAFO Fisheries Commission adopted a recommendation on  13 September  1996 

to amend the Observer Scheme; 

Whereas, pursuant to Article XI of the NAFO  Convention, the recommendation  has become 

binding upon the Community as from 13 November  1996; 

3  OJN°L329, of 30.12.1995, p.5 

1  L 

Whereas it is therefore necessary to amend Regulation (EC) N°3069/95, in order to oblige the 

masters of Community fishing vessels and the observers designated to the Scheme to comply 

with the new measures, 

HAS ADOPTED THIS REGULATION: 

Article 1 

The Annex I to Regulation (EC) N°3069/95 is hereby amended as follows : 

1.  To the point 2-(e) the following text is added : 

"In particular, the observers shall collect the data on discards and retained undersized 

fish following, whenever circumstances permit, the following sampling scheme : 

i) 

for every haul estimates of the total catch by species in terms of weight and in 

addition estimates of discards by species in terms of weight should be recorded, 

ii) 

every  10th haul should be sampled in detail by species, providing  in addition 

to weights  of the  sample  measured also numbers at length representing  the part of the 

catch to be landed and the part of the catch discarded, 

iii) 

whenever the fishing site is changed by a distance of more than 5 nm the cycle 

described in i). and ii) starts again." 

2.  To the point 3(i), the last sentence is replaced by the following text : 

"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, including, as required, to the retained catch and catch which 

is intended to be discarded, in order to facilitate the discharge of the observer's duties". 

Articled 

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  entirety  and  directly  applicable  in  all  Member 

States. 

Done at Brussels 

For the Council, 

The President 

ISSN 0254-1475 

COM(96) 685  final 

DOCUMENTS 

EN 

03  11 

Catalogue number  :  CB-CO-96-696-EN-C 

ISBN  92-78-13661-1 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

C