Council Regulation (EC) No 2791/1999 of 16 December 1999 laying down certain control measures applicable in the area covered by the Convention on future multilateral cooperation in the north-east Atlantic fisheries
Date: 1999-12-16
Institutions: Council of the European Union
Subjects: Atlantic Ocean, fishing area, fishing controls, international convention, international cooperation

30. 12. 1999

EN

Official Journal of the European Communities

L 337/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 2791/1999

of 16 December 1999

laying down certain control measures applicable in the area covered by the Convention on future
multilateral cooperation in the north-east Atlantic fisheries

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament (1),

Whereas:

(1)

(2)

(3)

(4)

(5)

The Convention on future multilateral cooperation in
the north-east Atlantic fisheries, hereinafter called ‘the
NEAFC Convention’, was approved by Decision 81/
608/EEC (2) and entered into force on 17 March 1982;

The NEAFC Convention provides an appropriate frame-
work for multilateral cooperation on the rational conser-
vation and management of fishery resources in the area
defined by the Convention;

The North-East Atlantic Fisheries Commission, at
its
17th annual meeting on 17, 18, 19 and 20 November
1998, adopted two recommendations establishing a
scheme of control and enforcement applicable to fishing
vessels operating in areas beyond the limits of
the
national
jurisdiction of the Contracting Parties in the
Convention area (hereinafter called ‘the Scheme’), and a
programme to promote compliance by non-Contracting
Party vessels with its recommendations in order to
ensure full respect for conservation and management
measures adopted by the NEAFC (hereinafter called ‘the
Programme’);

The Scheme provides for control measures applicable to
vessels flying the flag of the Contracting Parties and
operating in the NEAFC area, and arrangements for
inspections at sea which include inspection and surveil-
lance procedures and infringement procedures which
must be implemented by the Contracting Parties;

The Programme provides for the mandatory inspection
of non-Contracting Party vessels where they enter the
ports of the Contracting Parties voluntarily and a prohi-

(6)

(7)

(8)

bition on the landing and transhipment of catches if,
during such inspection, it is established that they have
been taken in breach of
the conservation measures
adopted by the NEAFC;

Under Articles 12 and 15 of the NEAFC Convention,
these recommendations enter into force on 1 July 1999
and become binding on the Contracting Parties;
the
Community should apply these recommendations;

In order to make it possible for Community fishing
activities in the NEAFC Regulatory Area to be monitored
and to supplement the control measures provided for in
Council Regulation (EEC) No 2847/93 of 12 October
1993 establishing a control system applicable to the
common fisheries policy (3), certain specific control
measures should be laid down, in particular as regards
participation in fishing activities, the marking of vessels
and fishing gear and their documents, the recording and
reporting of catches and the transhipment of fish;

and, where

to proper monitoring

Article 2(3) of Regulation (EEC) No 2847/93 provides
that each Member State must ensure that the activities of
its vessels outside the Community fishery zone are
subject
such
Community obligations exist, to inspections and surveil-
lance, in order to ensure compliance with Community
rules applicable in those waters; provision should there-
fore be made that Member States whose vessels are
authorised to fish in the NEAFC Regulatory Area assign
inspectors to the Scheme to undertake monitoring and
for
together with adequate
surveillance,
inspection;

resources

(9)

In order to ensure the monitoring of fishing activities in
is necessary that Member States
the NEAFC area,
cooperate with one another and with the Commission in
applying the Scheme;

it

(10)

It is the responsibility of Member States to ensure that
their inspectors comply with the inspection procedures
laid down by the NEAFC;

(1) Opinion delivered on 15 December 1999 (not yet published in the

Offiial Journal).

(2) OJ L 227, 12.8.1981, p. 21.

(3) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regula-

tion (EC) No 2846/98 (OJ L 358, 31.12.1998, p. 5).

L 337/2

EN

Official Journal of the European Communities

30. 12. 1999

(11)

(12)

The masters of Community vessels should cooperate in
the inspection of their vessels as provided for in the
procedures laid down in this Regulation;

The procedures to be applied in situations where it is
suspected that an infringement and in particular a
serious infringement has been committed should be laid
down; to that end a list of the types of action considered
to constitute serious infringements should be drawn up;

(13) Detailed rules for the implementation of the Programme

in the Community should be laid down;

(14) Under the Treaty, authority over national waters and
ports is exercised by the Member States; however, in the
case of access to Community port facilities by non-
Contracting Party vessels which have been sighted oper-
ating in the NEAFC Regulatory Area, additional uniform
measures need to be adopted at Community level so that
the activities of those vessels in the Community ports
can be regulated, in order to ensure the effectiveness of
measures laid down by the NEAFC;

(15) A procedure should be laid down for adopting detailed

rules for the implementation of the Scheme;

(16)

(17)

The measures necessary for the implementation of this
Regulation should be adopted in accordance with
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (1);

In order to gain experience for the definitive division of
it is appropriate that certain
tasks to be undertaken,
provisions on inspection and control, to be carried out
in cooperation between the Member States and the
Commission, be applied for a limited period pending a
decision on the definitive regime,

HAS ADOPTED THIS REGULATION:

Article 1

Purpose

This Regulation lays down the general rules and conditions for
the application by the Community of:

(a) the Scheme of control and enforcement applicable to
fishing vessels operating in areas beyond the limits of
national

jurisdiction in the NEAFC Convention area;

(b) the Programme to promote compliance by non-Contracting
Party vessels with recommendations made by the NEAFC.

Article 2

Definitions

For the purposes of this Regulation:

1.

‘Regulatory Area’ means the waters of the Convention
Areas as defined in Article 1(1) of the NEAFC Convention,

(1) OJ L 184, 17.7.1999, p. 23.

2.

3.

4.

5.

6.

7.

which lie beyond the waters under the jurisdiction of
NEAFC Contracting Parties;

‘fisheries resources’ are those referred to in Article 1(2) of
the NEAFC Convention;

‘regulated resources’ are those fishery resources which are
subject to recommendations under the Convention and are
listed in the Annex hereto; the Annex may be amended in
accordance with the procedure laid down in Article 29(2);

‘fishing activities’ means fishing, fish-processing operations,
the transhipment of fish and fishery products and any
other activity in preparation for or related to fishing in the
Regulatory Area;

‘NEAFC inspector’ means an inspector assigned by an
NEAFC Contracting Party to the Scheme;

‘boarding’ means the boarding of a fishing vessel by
NEAFC inspectors to carry out an inspection;

‘infringement’ means any activity or omission of a fishing
vessel which gives clear grounds for suspecting that a
breach of the provisions of this Regulation and of any
other regulation transposing an NEAFC recommendation
has occurred and which has been noted in an inspection
report in accordance with the Scheme;

8.

‘serious infringement’ means:

(a) fishing without a valid authorisation issued by the flag

State;

(b) fishing without or after exhausting a quota;

(c) using prohibited fishing gear;

(d) serious mis-recording of catches;

(e) repeated failure to comply with the obligation to

communicate movements and catches;

(f) preventing an inspector from carrying out his duties;

(g) directed fishing for a stock which is subject to a mora-

torium or for which fishing is prohibited;

(h) falsifying or concealing the markings, identity or regis-

tration of a fishing vessel;

(i) concealing, tampering with or disposing of evidence

relating to an investigation;

(j) multiple breaches which together constitute a serious
disregard of conservation and management measures;

9.

‘duly authorised inspector’ means an NEAFC inspector duly
the vessel
authorised by the flag Member State of
suspected of having committed a serious infringement;

10.

‘non-Contracting Party vessel’ means a vessel which has
been sighted and reported as having engaged in fishing
activities in the NEAFC Regulatory Area and

(i) which flies

the flag of a State which is not a

Contracting Party to the NEAFC Convention; or

(ii) for which there are reasonable grounds for suspecting

it to be without nationality.

30. 12. 1999

EN

Official Journal of the European Communities

L 337/3

IMPLEMENTATION OF THE CONTROL SCHEME ADOPTED BY THE NEAFC

TITLE I

Article 3

Scope

1. This Title shall apply to all Community fishing vessels used
or intended for use for the purposes of commercial fishing
activities conducted on fishery resources in the Regulatory
Area.

2. Community fishing vessels operating in the Regulatory
Area which keep on board fish from that area shall do so in
accordance with the objectives and principles of the NEAFC
Convention.

CHAPTER 1

CONTROL MEASURES

Article 4

Community participation

1. Only Community fishing vessels which have been issued a
special
fishing permit by their flag Member State shall be
authorised, on the conditions set out in the permit, to fish,
keep on board, tranship and land fishery resources from the
Regulatory Area.

2. Member States shall send the Commission, in computer-
readable form, a list of all the vessels flying their flag and
registered in the Community which are authorised to fish in
the Regulatory Area, in particular the vessels authorised to fish
directly for one or more regulated resources together with
amendments to the list. This information shall be sent no later
than 15 December each year or at least 5 days before the vessel
enters the Regulatory Area. The Commission shall forward the
information promptly to the NEAFC secretariat.

3. The format
the list referred to in
paragraph 2 and the specifications shall be adopted in accord-
ance with the procedure laid down in Article 29(2).

for transmission of

Article 5

Recording of catches and fishing effort

In addition to the information specified in Article 6 of
1.
Regulation (EEC) No 2847/93,
the masters of Community
fishing vessels shall enter in their logbook each entry into and
departure from the Regulatory Area.

2. The masters of Community fishing vessels shall keep in
respect of processed or
the regulated
resources listed in the Annex:

frozen catches of

(a) a production logbook setting out, for each species and each

processed product, the aggregate production, or

(b) a storage plan, for each species, of the processed products,
showing the location of the processed products in the hold.

3. Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article
29(2).

Article 6

Reporting of catches of regulated resources

1. The masters of Community fishing vessels shall send the
competent authorities in their flag Member State a ‘catch
report’ within the period specified in the second subparagraph.

Reports of catch of regulated resources shall

include:

(a) the quantities held on board when the masters of
Community fishing vessels enter
the Regulatory Area.
Reports shall be transmitted no earlier than 12 hours and
no later than 6 hours in advance of each entry into the
Regulatory Area;

time no later

than the end of

(b) weekly catches. These reports shall be transmitted for the
first
the seventh day
following the entry of the vessel into the Regulatory Area
or, when fishing trips take more than seven days, at the
latest on Monday for catches that have been taken in the
Regulatory Area during the preceding week ending at
midnight on Sunday;

(c) the quantities held on board when a vessel

leaves the
Regulatory Area. These reports shall be transmitted no
earlier than 8 hours and no later than 6 hours in advance
of each departure from the Regulatory Area. They shall
include, where appropriate, the number of fishing days and
the catches taken in the Regulatory Area;

(d) the quantities loaded and unloaded for each transhipment
of fish during the vessel's stay in the Regulatory Area.
These reports shall be transmitted no later than 24 hours
after the completion of transhipment.

Each Member State shall, upon receipt,

2.
forward catch
reports by computer transmission to the NEAFC Secretariat.

3. Catch reports shall be transmitted to the competent
authorities in the Member States for transmission to the
NEAFC Secretariat. (1)

4. The Member States shall record the data contained in the
catch reports in the database referred to in Article 19(2) of
Regulation (EEC) No 2847/93.

5. The detailed rules for the application of this Article and in
particular the format and the specifications for the transmis-
sions referred to in paragraph 3 shall be determined under the
procedure laid down in Article 29(2).

(1) As an ad hoc arrangement for 2000 only.

L 337/4

EN

Official Journal of the European Communities

30. 12. 1999

Article 7

Contracting Parties present in the Regulatory Area, taking into
account the time spent in the Area.

Global reporting of catches and fishing effort

1. Member States shall inform the Commission, by computer
transmission before the fifteenth day of each month, of the
quantities of resources referred to in paragraph 3 taken in the
Regulatory Area which have been landed or transhipped during
the preceding month.

2. Notwithstanding Article 3(2), this Article shall apply also
to regulated resources which have been taken in the Conven-
tion area under the jurisdiction of the Member States without
prejudice to Article 15 of Regulation (EEC) No 2847/93.

3. The list of resources referred to in paragraph 1 and the
format for transmission of the data shall be adopted in accord-
ance with the procedure laid down in Article 29(2).

Article 8 (1)

Vessel Monitoring System (VMS)

Member States shall ensure that information obtained by the
vessel monitoring system (VMS) concerning vessels flying their
flag which fish in the Regulatory Area is transmitted electroni-
cally to the NEAFC Secretariat, in real time, in the format and
in compliance with the specifications adopted in accordance
with the procedure laid down in Article 29(2).

Article 9

Transhipments

Community fishing vessels shall engage in transhipment activi-
ties in the Regulatory Area only if they have received prior
authorisation from the competent authorities in the Member
State whose flag they are flying and in which they are regis-
tered.

CHAPTER 2

INSPECTION PROCEDURE

Article 10 (1)

General rules for inspection and surveillance

1. Member States whose fishing vessels are authorised to fish
in the Regulatory Area shall assign inspectors to the Scheme to
carry out surveillance and inspection.

2.
Each Member State shall take steps to ensure that NEAFC
inspectors are able to carry out inspections on board vessels
flying its flag.

Each Member State shall ensure that inspections carried
3.
out by its inspectors are conducted in a non-discriminatory
manner and in accordance with the Scheme. The number of
inspections shall be based on the size of the fleets of the

(1) As an ad hoc arrangement for 2000 only.

4. The Commission may assign Community inspectors to the
Scheme.

Article 11 (1)

Means of inspection

1. Member States or, pursuant to Article 10(4), the Commis-
sion shall make available to their inspectors adequate means to
enable them to carry out their surveillance and inspection
tasks. To that end they shall assign inspection vessels and
aircraft to the Scheme.

2. The Commission shall coordinate the surveillance and
inspection activities for the Community. It may draw up, in
concert with the Member States concerned, joint operational
surveillance and inspection programmes for
that purpose
which will enable the Community to fulfil its obligations under
the Scheme. The Member States whose vessels are engaged in
fisheries on regulated resources shall adopt the necessary meas-
these programmes
ures to facilitate the implementation of
particularly as regards the human and material
resources
required and the periods and zones when these are to be
deployed.

3. Member States shall inform the Commission by 1 January
2000 of the names of the inspectors and the inspection vessels
and of the details of the aircraft they are intending to assign to
the Scheme during the following year. Using this information
in collaboration with the
the Commission shall draw up,
Member States, a forward plan for Community participation in
the Scheme in the calendar year concerned, which it shall send
to the NEAFC Secretariat and the Member States.

4. When drawing up operational surveillance and inspection
programmes the Commission shall ensure that, where, at any
time, more than 10 Community fishing vessels are engaged in
fishing activities targeted at regulated resources in the Regula-
tory Area, an inspection vessel from a Member State is present
in the area or that an agreement has been concluded with
another Contracting Party to ensure the presence of an inspec-
tion vessel.

5. Member States shall see to it that any vessel assigned to the
Scheme and carrying inspectors and any support vessels display
a special flag or pennant to show that inspectors are carrying
out an inspection under the Scheme. Aircraft assigned to the
Scheme shall have their international radio call sign clearly
displayed. The form of the special flag or pennant shall be
determined in accordance with the procedure laid down in
Article 29(2).

6. Member States shall inform the Commission electronically
of the date and time of the start and end of the activities of
inspection vessels and aircraft,
in the form determined in
accordance with the procedure laid down in Article 29(2).

30. 12. 1999

EN

Official Journal of the European Communities

L 337/5

Article 12

NEAFC inspectors

issue a special

to Article 10(4),
the
1. The Member States or, pursuant
identity document to each
Commission shall
inspector. Inspectors shall carry and produce this document
when boarding a fishing vessel. The form of the special identity
document shall be determined in accordance with the proce-
dure laid down in Article 29(2).

2. The Member States and the Commission shall ensure that
inspectors carry out their duties in accordance with the rules
laid down in the Scheme. Inspectors shall remain under the
operational control of their competent authorities and shall be
accountable to them.

Article 13

Surveillance procedure

(e) manoeuvre at a safe distance from the fishing vessel

in

accordance with the rules of good seamanship;

(f) avoid the use of force save where and to the extent that it is
necessary to ensure their safety. When conducting inspec-
tions on board fishing vessels,
inspectors shall not carry
firearms;

(g) conduct their inspection in a manner such as to cause the
least disturbance or inconvenience to the vessel, its activi-
ties and catches;

(h) draw up an inspection report as provided for in the rules
adopted in accordance with the procedure laid down in
Article 29(2) and forward it to their authorities.

2.
Inspectors shall be authorised to examine all relevant areas,
the fishing vessel, catches (whether
decks and rooms of
processed or not), nets and other gear, equipment and any
relevant documents which are necessary for verifying compli-
ance with the conservation measures adopted by the NEAFC
and to question the master or a person designated by him.

1. NEAFC inspectors shall carry out surveillance based on
sightings of fishing vessels from a vessel or aircraft assigned to
the Scheme. They shall record their findings in an observation
report in a form adopted in accordance with the procedure laid
down in Article 29(2) and shall forward it to their competent
authority.

3.
In carrying out their inspection, inspectors may ask the
master for any assistance they may require. The master may
comment on the inspection report, which must be signed by
inspectors on completion of the inspection. A copy of the
inspection report shall be given to the master of the fishing
vessel.

shall

2. Member States
forward the observation report
promptly, by electronic transmission, to the flag State of the
sighted vessel or the authorities designated by that State, as
notified by the NEAFC Secretariat, to the NEAFC Secretariat
and to the Commission. They shall also forward the original of
each observation report and any photographs to the flag State
of the vessel concerned at its request.

Article 14

Inspection procedure

1. Member States and the Commission shall ensure that their
NEAFC inspectors:
(a) do not board a vessel without prior notice being given by
radio to the vessel or without the vessel being given the
appropriate signal using the International Code Signal,
including details of the inspection team;

(b) do not require the vessel that is being boarded to stop or
manoeuvre during fishing, or the shooting or hauling of
fishing gear. Inspectors may, however, require the interrup-
tion or delay of the shooting of gear until they have
boarded the vessel but in any event no more than 30
minutes after receiving the signal;

(c) see to it that an inspection does not exceed four hours or
the net and catch are hauled in and
the period until
inspected, whichever is longer. Where an infringement is
detected, inspectors may remain on board for the period
necessary to complete their duties as referred to in Article
in special circumstances, taking into
16(1)(b). However,
account the size of the fishing vessel and the quantity of
fish held on board, the duration of the inspection may
exceed the periods referred to above. In such a situation,
inspectors shall remain on board no longer than is neces-
for
sary to complete
exceeding the usual period shall be recorded in the inspec-
tion report;

inspection. The

reasons

their

4. Member States shall ensure that inspection teams comprise
no more than two NEAFC inspectors.

Article 15

Obligations of masters of

fishing vessels during the

inspection procedure

The master of a Community fishing vessel which is being
boarded and inspected shall:
(a) facilitate safe and effective boarding;
(b) cooperate with and assist in the inspection of the fishing
vessel conducted in accordance with the procedures laid
down in this Regulation, and shall not obstruct, intimidate
or interfere with the inspectors in the performance of their
duties and shall ensure their safety;

(c) permit the inspectors to communicate with the authorities

of the flag State and the inspecting State;

(d) provide access to relevant areas, decks, rooms of the vessel,
catches (whether processed or not), nets and other gear,
equipment and any relevant documents;
(e) provide inspectors with reasonable facilities,

including,
where appropriate, food and accommodation where they
remain on board the vessel
in accordance with Article
18(3);

(f) facilitate safe disembarkation by inspectors.

Article 16

Infringement procedure

1. Where NEAFC inspectors find that there are clear grounds
for believing that a fishing vessel has engaged in an activity
contrary to the conservation measures adopted by the NEAFC,
they shall:

(a) record the infringement in their inspection report;

(d) do not interfere with the ability of masters to communicate
with the authorities of their flag State during boarding and
inspection;

(b) take all necessary measures to ensure the security and
continuity of the evidence. An identification mark shall be
affixed securely to any part of the fishing gear, which

L 337/6

EN

Official Journal of the European Communities

30. 12. 1999

appears on inspection to have been used in breach of the
measures;

evidence while minimising interference with and inconvenience
to the operation of the vessel.

(c) attempt immediately to communicate with an inspector or
the designated authorities of the flag State of the inspected
fishing vessel;

(d) transmit the inspection report promptly to their authorities.

2. The Member State carrying out
the inspection or, as
appropriate, the Commission shall notify the details of the
infringement committed by the inspected vessel, where possible
during the working day following the start of the inspection, to
the flag State of the inspected vessel and the Commission.

3. The Member State carrying out the inspection shall send
the original inspection report with supporting documents to
the Commission, which shall forward them to the appropriate
authorities in the flag State of the inspected vessel with a copy
to the NEAFC Secretariat.

Inspectors may remain on board a fishing vessel for the
3.
period necessary to provide the duly authorised inspector with
information concerning the infringement or until receiving a
reply from the flag State requesting them to leave the fishing
vessel.

4. The Member State carrying out the inspection shall take a
decision, with the consent of the flag State, on whether the
inspector remains on board during the re-routing of the vessel.
The Member State carrying out the inspection shall decide also
whether an NEAFC inspector shall be present during the thor-
inform the
ough inspection of
Commission promptly of the decisions it has taken in accord-
ance with this paragraph.

the vessel

in port.

It shall

Article 17

Article 19

Follow-up in the case of infringements

Follow-up in the case of serious infringements

flying its flag,

1. Where a Member State is notified by another Contracting
Party or another Member State of an infringement committed
by a vessel
take prompt action in
conformity with its national law to receive and examine the
evidence and conduct any further investigations necessary for
action to be taken as a result of the infringement and, where
possible,

inspect the vessel.

it shall

2. Member States shall designate the appropriate authorities
appointed to receive evidence of infringements and inform the
Commission of their address.

Article 18

Special procedure in the event of serious infringements

1. Where NEAFC inspectors consider that
there are clear
grounds for believing that a fishing vessel has committed a
serious infringement, they shall notify the flag State, their own
authorities, the Commission and the NEAFC Secretariat thereof
without delay.

2.
In order to preserve the evidence, inspectors shall take all
necessary steps to ensure the security and continuity of the

1. Where the competent authorities in a flag Member State
receive information from an NEAFC inspector that a serious
infringement is suspected to have been committed by a fishing
vessel flying its flag or where the Commission receives such
information, the competent authorities and the Commission
shall

inform one another thereof without delay.

2. After receiving information as provided for in paragraph 1,
the flag Member State shall ensure that the vessel is inspected
within 72 hours by a duly authorised inspector.

3. The duly authorised inspector shall board the fishing vessel
concerned and examine the evidence of the suspected infringe-
ment, established by the NEAFC inspector, and forward as
quickly as possible to the competent authority in the flag
Member State and the Commission the results of this exam-
ination.

Following notification of

the results and where the
4.
suspected infringement
the competent
authority in the flag Member State of the inspected vessel shall,
if the situation so warrants it, within 24 hours, itself require or
authorise the duly authorised inspector to require the vessel to
proceed to a designated port.

is a serious one,

30. 12. 1999

EN

Official Journal of the European Communities

L 337/7

Where a vessel is re-routed, the duly authorised inspector shall
take all necessary measures
to ensure the security and
continuity of the evidence.

5. On arrival in the designated port, the vessel suspected of
having committed an infringement shall undergo a thorough
inspection under the authority of the flag Member State and in
the presence of
from any other
an NEAFC inspector
Contracting Party which wishes to participate.

The flag Member State shall inform the Commission promptly
of the outcome of the thorough inspection and of the measures
it has adopted as a result of the infringement.

6. Where the competent authority of the flag Member State
does not require the vessel to be re-routed to a port, it shall
inform the Commission without delay of the reasons for its
decision. The Commission shall notify the NEAFC Secretariat at
the appropriate time of this decision and its justification.

7. The detailed rules for the application of this Article shall
be determined under the procedure laid down in Article 29(2).

Article 20

Treatment of inspection reports

1. Member States shall treat reports drawn up by the NEAFC
inspectors of other Contracting Parties and other Member
States on the same basis as reports from its own inspectors.

shall

States

2. Member
relevant
Contracting Parties in order to facilitate judicial or other
proceedings in accordance with their national law, arising from
a report submitted by an inspector under the Scheme.

cooperate with the

Article 21

Infringement reports

1. Member States shall forward to the Commission by 15
September each year for the previous calendar year a report
containing information on the progress of proceedings relating
to notified infringements of NEAFC conservation measures. A
list of the infringements shall be drawn up annually until a
final decision is taken in accordance with the relevant provi-
sions of national

law.

2. The report shall contain details of the progress of the
proceedings (e.g. case pending, under appeal, under invest-
igation, etc.), a specific description of fines or penalties (i.e. the
amount of fines, the value of forfeited fish and/or gear, written
warnings, etc.) and include an explanation if no action has
been taken.

Article 22

Reporting on inspection activities

Each Member State shall report to the Commission by 15
September each year for the previous calendar year on:

(a) the number of inspections it has carried out under the
Scheme specifying the number of inspections on the vessels
of each Contracting Party and, where an infringement has
been committed, the date and location of the inspection of
the vessel concerned and the nature of
the suspected
infringement;

(b) the number of air hours flown on NEAFC surveillance, the
number of sightings and the number of surveillance reports
that have been drawn up together with the follow-up
action that has been taken on the reports.

TITLE II

IMPLEMENTATION OF THE PROGRAMME TO PROMOTE COMPLIANCE BY NON-
CONTRACTING PARTY VESSELS

Article 23

Article 25

Transmission of sighting reports

1. Upon receiving a report of
the sighting of a non-
Contracting Party vessel from one of its NEAFC inspectors, the
Member State concerned shall
information
without delay to the NEAFC Secretariat and the Commission,
and where possible, to the vessel, informing it that the infor-
mation will be transmitted to its flag State.

forward this

2. The Commission shall inform all Member States promptly
of each sighting report it receives by notifying the NEAFC
Secretariat or another Contracting Party thereof.

Article 24

Transhipment

Community fishing vessels shall be prohibited from receiving
transhipments of fish from non-Contracting Party vessels.

Monitoring/inspection of

fishing

activities of non-

Contracting Party vessels

1. Member States shall ensure that each non-Contracting
Party vessel, which enters a designated port within the meaning
of Article 28(e)(2) of Regulation (EEC) No 2847/93,
is
inspected by their competent authorities. Until this inspection
is completed, the landing and/or transhipment of the catches of
this vessel shall be prohibited.

If, on completion of inspection, the competent authorities
2.
find that the non-Contracting Party vessel is carrying on board
resources, which are the subject of a NEAFC recommendation
which has been transposed into Community law, the Member
State concerned shall prohibit their landing and/or tranship-
ment.

L 337/8

EN

Official Journal of the European Communities

30. 12. 1999

3. However, no ban shall apply if the master of the inspected
vessel or his representative establishes to the satisfaction of the
competent authorities of the Member State concerned that:

Article 26

Follow-up of inspections

(a) the catch retained on board was taken outside the Regula-

tory Area, or

(b) the catch retained on board was taken in compliance with

the Community conservation measures.

1. Member States shall inform the Commission immediately
of the results of each inspection and, where appropriate, of any
prohibition of landing and/or transhipment imposed as a result
of the inspection.

2. The Commission shall transmit this information imme-
diately to the NEAFC Secretariat and as soon as possible to the
flag State of the inspected vessel.

TITLE III

FINAL PROVISIONS

Article 27

Confidentiality

In addition to the obligations laid down in Article 37 of
Regulation (EEC) No 2847/93, Member States and the
Commission shall comply with the rules of confidentiality
adopted in accordance with the procedure laid down in Article
29(2).

Article 28

The necessary rules to implement this Regulation as regards
Articles 2(3), 4(3), 5(3), 6(5), 7(3), 8, 11 (5) and (6), 12(1), 13
(1), 14(1)(h), 19(7) and 27 shall be adopted in accordance with
the management procedure laid down in Article 29(2).

Article 29

1. The Commission shall be assisted by a Management
Committee for Fisheries and Aquaculture (hereinafter referred
to as ‘the Committee’).

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply. The period referred to
in Article 4(3) of Decision 1999/468/EC shall be set at one
month.

3. The Committee shall adopt its rules of procedure.

Article 30

Entry into force

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

The provisions referred to in Articles 6(2) and (3), 8, 10 and 11
shall remain in force on an ad hoc basis until 31 December
2000. Before 30 September 2000 at the latest, the Commission
will submit any appropriate proposals providing for a definitive
regime. The Council, acting in accordance with the procedure
provided for in Article 37 of the Treaty, shall adopt the neces-
sary measures by 31 December 2000 at the latest.

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

Done at Brussels, 16 December 1999.

For the Council

The President

K. HEMILÄ

30. 12. 1999

EN

Official Journal of the European Communities

L 337/9

ANNEX

REGULATED RESOURCES

Stock

Geographical area/ICES area

(Common name)

(Scientific name)

Redfish

Norwegian Spring-Spawning (Atlanto-Scan-
dian) herring

Sebastes mentella

Clupea harengus

V, XII, XIV

I, II

Blue whiting

Mackerel

Micromesistius poutassou

IIa, IVa, Vb, VII, XII, XIV

Scomber scombrus

IIa, IVa, Vb, VI, VII, XII, XIV