Proposal for a Council Regulation amending Regulation (EC) No 3069/95 establishing a European Community observer scheme applicable to Community fishing vessels operating in the Regulatory Area of the Northwest Atlantic Fisheries Organisation (NAFO)
Date: 2003-10-17
Institutions: European Commission
Subjects: North-West Atlantic Fisheries Organisation, conservation of fish stocks, fishing area, fishing controls, fishing vessel

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 17.10.2003
COM(2003) 611 final

2003/0237 (CNS)

Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 3069/95 establishing a European Community observer
scheme applicable to Community fishing vessels operating in the Regulatory Area of the
Northwest Atlantic Fisheries Organisation (NAFO)

(presented by the Commission)

EXPLANATORY MEMORANDUM

In 1995, the Northwest Atlantic Fisheries Organisation (NAFO established a “Pilot Project for
Observers and Satellite Tracking”. This formed part of a package of strengthened control and
Enforcement  measures,  which  was  adopted  in  order  to  resolve  what,  at  that  time,  became
known as the “Greenland halibut dispute”. This project provided for, inter  alia, observers to
be  placed  on  all  vessels  operating  in  the  Regulatory  Area  of  NAFO.  In  1997,  This  Pilot
Project  was  replaced  with  a  “Program  for  Observers  and  Satellite  Tracking”,  which  will  be
subject to review during the Annual Meeting of NAFO in September 2003.

In view of the special circumstances surrounding the genesis of the Program for observers and
Satellite tracking, the Commission undertook in 1995 to ensure its application to Community
fishing vessels and to bear the ensuing costs for the observers. This was spelt out in Council
Regulation  (EC)  3069/95,  by  way  of  which  the  observer  component  of  the  program  was
implemented at Community level.

In December 2002, the Council adopted Regulation (EC) No 2371/2002 on the conservation
and sustainable  exploitation  of  fisheries  resources  under  the  Common  fisheries  Policy.  This
Regulation constitutes the framework of the Common Fisheries Policy from 1 January 2003.
According to Article 23 paragraph 2 of this Regulation, it is now for Member States to, inter
alia, control the activities carried out by vessels flying their flag outside Community waters,
including being responsible for placing observers on these vessels.

With the adoption of the new framework Regulation for the Common Fisheries Policy, there
is  no  longer  any  justification  for  the  Commission  to  bear  the  administrative  and  financial
burdens entailed  with  the  observer  component  in  this  program.  It  is,  therefore,  necessary  to
entrust  Member  States  with  the  task  of  running  the  NAFO  Programme  for  observers  from
now on. The intention is that Member States shall assume this responsibility from 1 January
2004.  This  would  allow  to  change-over  the  observers  deployed  through  the  private  agency
which runs the program on behalf of the Commission. The contract with the company expires
on  15.02.2004  but  may  be  prolonged  for  a  limited  period  if  needed  in  order  to  ensure  a
smooth transition.

The Commission shall work closely with Member States to ensure a smooth transition of the
responsibility  for  running  this  NAFO  Programme.  The  Commission  will  also  evaluate  and
monitor the application of this NAFO Programme by the Member States concerned.

Under  these  circumstances,  it  is  necessary  to  amend  Council  regulation  (EC)  No  3069/95
accordingly.

It should also be borne in mind that at a later stage, in the framework of the proposal on the
Joint  Inspection  Structure,  the  responsibility  for  ensuring  the  inspection  presence  in  NAFO
will  also  be  transferred  to  Member  States.  This  will  mean  that  the  charter  of  an  inspection
vessel by the Commission to undertake patrols in NAFO should not be extended beyond 31
December 2005.

2

2003/0237 (CNS)

Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 3069/95 establishing a European Community observer
scheme applicable to Community fishing vessels operating in the Regulatory Area of the
Northwest Atlantic Fisheries Organisation (NAFO)

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 Commission1,

Having regard to the opinion of the European Parliament2,

Whereas:

(1) 

(2) 

(3) 

(4) 

1

2

3

4

Council  Regulation  (EC)  No  3069/953  provides  for  specific  rules  to  implement,  at
Community  level,  the  scheme  for  observers  which  had  been  agreed  upon  within  the
framework  of  the  Northwest  Atlantic  Fisheries  Organisation  (NAFO)  in  1995  and
which aimed at improving control and enforcement in the Regulatory Area of NAFO.

In  view  of  special  circumstances  under  which  the  scheme  was  implemented  at
Community level in 1995, the Council entrusted the Commission to place observers on
board  all  Community  fishing  vessels  and  it  is  the  Community  which  bears  the  costs
arising from its operation.

In  2002,  Council  Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the
conservation  and  sustainable  exploitation  of  fisheries  resources  under  the  Common
fisheries  Policy,  was  adopted4.  Under  that  Regulation,  Member  States  are  to  control
the  activities  carried  out  by  vessels  flying  their  flag  outside  Community  waters,
including being responsible for placing observers on such vessels.

In  view  of  the  adoption  of  that  framework  Regulation,  there  is  no  longer  any
justification for the administrative and financial burdens involved being borne by the
Commission.

OJ C […] […], p.[…]
OJ C […] […], p.[…]
OJ  L  329,  30.12.1995,  p.  5.  Regulation  as  amended  by  Regulation  (EC)  No  1049/97  (OJ  L  154,
12/6/1997, p.2.).
OJ L 358, 31.12.2002, p. 59.

3

                                                
(5) 

The  Commission  and  Member  States  should  work  closely  together  to  ensure  the
effectiveness of the observer programme is maintained and respects the Community’s
obligations in NAFO.

(6) 

Regulation (EC) No 3069/95 should therefore be amended accordingly.

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 3069/95 is amended as follows:

(1) 

In Article 1, the first paragraph is replaced by the following :

“Without prejudice to Article 2 (2) of Regulation (EEC) No 1956/88, Member States
shall  assign  observers  to  all  their  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.”

(2) 

The following Article1a is inserted :

“Article 1a

Member  States  shall  forward  to  the  Commission  a  list  of  the  observers  they  have
assigned pursuant to Article 1 by 20 January  at the  latest  each  year and,  thereafter,
immediately following the assignment of any new observer.”

(3) 

In  Article  2,  the  terms  “Community  observers”  are  replaced  by  the  terms  “duly
assigned observers”.

(4) 

Article 4 is replaced by the following:

“Article 4

All costs arising from the operation of observers under this Regulation shall be borne
by the Member States. Member States may charge  these costs,  in  part or in full, to
the operators of their vessels.”

(5) 

(6) 

In  Annex  I,  point  1  (i),  the  term  “Commission”  is  replaced  by  the  terms  “Member
States”.

In  Annex  I,  point  2  (m),  the  terms  “the  competent  authorities  of  the  Member  State
concerned” is replaced  by  the  terms  “the  competent  authorities  of  the  Member  State
which assigned them”.

(7) 

Annex II is deleted.

4

Article 2

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

It shall apply from 1 January 2004.

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

Done at Brussels,

For the Council
The President

5

LEGISLATIVE FINANCIAL STATEMENT

Policy area(s): FISHERIES

Activit(y/ies):Fisheries Conservation, Control and Enforcement

TITLE OF ACTION: EUROPEAN COMMUNITY OBSERVER SCHEME APPLICABLE TO COMMUNITY
FISHING  VESSELS  OPERATING  IN  THE  REGULATORY  AREA  OF  THE  NORTHWEST
ATLANTIC FISHERIES ORGANISATION (NAFO)

1.

BUDGET LINE(S) + HEADING(S)

Chapter B2-90, Article B2-902

110703 – Inspection and surveillance of fishing activities in EC waters

2.

2.1.

2.2.

OVERALL FIGURES

Total allocation for action (Part B): -3,000 € million for commitment

Period of application:

The intention is that Member States shall assume this responsibility from 1 January
2004.  This  would  allow  to  change  over  the  observers  deployed  through  the  private
agency which runs the program on behalf of the Commission.  The contract expires
on 15.02.2004 but it may be necessary to foresee a prolongation for a limited period
in order to ensure that there is observer coverage during the transitional period.

2.3.

Overall multiannual estimate of expenditure:

(a)

Schedule  of  commitment  appropriations/payment  appropriations 
intervention) (see point 6.1.1)

(financial

€ million (to three decimal places)

Year
2004

[n+1]

[n+2]

[n+3]

[n+4]

Commitments

Payments

-2,000

-1,350

[n+5
and
subs.
Years
]

Total

-2,000

-1,350

6

(b)

Technical and administrative assistance and support expenditure(see point 6.1.2)

Commitments

Payments

Subtotal a+b

Commitments

Payments

-2,000

-1,350

-2,000

-1,350

(c)

Overall  financial  impact  of  human  resources  and  other  administrative  expenditure
(see points 7.2 and 7.3)

Commitments/
payments

TOTAL a+b+c

Commitments

Payments

-2,000

-1,350

-2,000

-1,350

2.4.

Compatibility with financial programming and financial perspective

[X] Proposal is compatible with existing financial programming.

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial
perspective.

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional
Agreement.

2.5.

Financial impact on revenue:5

Proposal  has  no  financial  implications  (involves  technical  aspects  regarding
implementation of a measure)

OR

[X] Proposal has financial impact:

The proposal will have a positive impact on the Community budget.

An amount of 3.000.000 € has been reserved for the deployment of observers in the
NAFO R.A. on the 2004 Budget. This amount takes into account the deployment of
observes  on  board  of  the  fishing  vessels  of  the  Member  States,  but  takes  also  into
account the increase of observers to be deployed on the fishing vessels of Accession
States active in the Regulatory Area.  It is necessary to foresee some  expenditure in
2004 to take account of the transitional period.

5

For further information, see separate explanatory note.

7

                                                
If  Member  States  will  be  entrusted  with  the  task  of  running  the  NAFO  Observer
Scheme, the financing will be carried by them.

(NB All details and observations relating to the method of calculating the effect on
revenue should be shown in a separate annex.)

Budget line

Revenue

(€ million to one decimal place)

Prior to
action
[Year
n-1]

[Yea
r n]

Situation following action

[n+1] [n+2] [n+3

[n+4] [n+5]

]

a) Revenue in absolute terms

b) Change in revenue

 (cid:1)

(Please specify each budget line involved, adding the appropriate number of rows
to the table if there is an effect on more than one budget line.)

3.

BUDGET CHARACTERISTICS

Type of expenditure

New

EFTA
contribution

Contributions
form applicant
countries

Heading in
financial
perspective

Non-comp

Diff

NO

NO

NO

No 03

4.

LEGAL BASIS

Article  23  paragraph  2  of  Council  Regulation  (EC)  2371/2002  on  the  conservation
and  sustainable  exploitation  of  fisheries  resources  under  the  Common  Fisheries
Policy.

8

5.

5.1.

DESCRIPTION AND GROUNDS

Need for Community intervention 6

5.1.1. Objectives pursued

5.1.2. Measures taken in connection with ex ante evaluation

5.1.3. Measures taken following ex post evaluation

5.2.

5.3.

Action envisaged and budget intervention arrangements

Methods of implementation

6.

FINANCIAL IMPACT

6.1.

Total financial impact on Part B - (over the entire programming period)

(The method of calculating the total amounts set out in the table below must be explained by
the breakdown in Table 6.2. )

6.1.1.

Financial intervention

Commitments (in € million to three decimal places)

Breakdown

2004

[n+1]

[n+2]

[n+3]

[n+4]

Action 1

etc.

-2,000

TOTAL -2,000

[n+5
and
subs.
Years]

Total

-2,000

-2,000

6

For further information, see separate explanatory note.

9

                                                
6.1.2.

Technical  and  administrative  assistance,  support  expenditure  and  IT  expenditure
(commitment appropriations)

[Year
n]

[n+1]

[n+2]

[n+3]

[n+4]

Total

[n+5
and
subs.
years]

1) 
administrative assistance

Technical 

and

Technical 

a) 
offices

assistance

b)  Other 
administrative assistance:

technical 

and

- intra muros:

- extra muros:

of  which  for  construction
of
maintenance 
and 
computerised  management
systems

Subtotal 1

2) Support expenditure

a) Studies

b) Meetings of experts

c) Information and
publications

Subtotal 2

TOTAL

6.2.

Calculation  of  costs  by  measure  envisaged  in  Part  B  (over  the  entire
programming period)7

(Where  there  is  more  than  one  action,  give  sufficient  detail  of  the  specific  measures  to  be
taken for each one to allow the volume and costs of the outputs to be estimated.)

7

For further information, see separate explanatory note.

10

                                                
Breakdown

Commitments (in € million to three decimal places)

Type
of outputs
(projects, files )

Number of
outputs

Average unit
cost

(total for years
1…n)

Total cost

(total for years
1…n)

1

2

3

4=(2X3)

Action 1

- Measure 1

- Measure 2

Action 2

- Measure 1

- Measure 2

- Measure 3

etc.

TOTAL COST

If necessary explain the method of calculation

7.

IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE

7.1.

Impact on human resources

Staff to be assigned to management of the
action using existing and/or additional
resources

Number of
permanent posts

Number of
temporary posts

Total

Description of tasks deriving from the
action

If necessary, a fuller description of the
tasks may be annexed.

Types of post

Officials 
temporary staff

or

A

B

C

Other human resources

Total

7.2.

Overall financial impact of human resources

Type of human resources

Amount (€)

Method of calculation *

Officials

Temporary staff

Other human resources

(specify budget line)

Total

11

The amounts are total expenditure for twelve months.

7.3.

Other administrative expenditure deriving from the action

Amount €

Method of calculation

Budget line

(number and heading)

Overall allocation (Title A7)

A0701 – Missions

A07030 – Meetings
A07031 – Compulsory committees 1
A07032 – Non-compulsory committees 1

A07040 – Conferences

A0705 – Studies and consultations

Other expenditure (specify)

Information systems (A-5001/A-4300)

Other expenditure - Part A (specify)

Total

The amounts are total expenditure for twelve months.

1 Specify the type of committee and the group to which it belongs.

I.

II.

III.

8.

8.1.

8.2.

Annual total (7.2 + 7.3)

Duration of action

Total cost of action (I x II)

0 €

1 year

0 €

FOLLOW-UP AND EVALUATION

Follow-up arrangements

Arrangements and schedule for the planned evaluation

9.

ANTI-FRAUD MEASURES

12