Council Regulation (EC) No 855/2004 of 29 April 2004 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: 2004-04-29
Institutions: Council of the European Union
Subjects: EU Member State, North-West Atlantic Fisheries Organisation, fishing area, fishing controls, fishing vessel

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COUNCIL REGULATION (EC) No 855/2004 

of 29 April 2004 

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 Commission, 

Having regard to the Opinion of the European Parliament 1, 

1 

Opinion delivered on 1 April 2004 (not yet published in the Official Journal). 

 
 
 
 
 
 
 
 
                                                 
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Whereas: 

(1)  Regulation (EC) No 3069/95 1 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. 

(2) 

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. 

(3) 

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 
adopted 2.  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. 

(4) 

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. 

1 

2 

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. 

 
 
 
 
 
                                                 
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(5)  The Commission and Member States should work closely together to ensure that 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 hereby amended as follows: 

(1)  The first subparagraph of Article 1 shall be 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." 

 
 
 
 
 
 
 
 
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(2)  The following Article shall be 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, "Community observers" shall be replaced by "duly assigned observers". 

(4)  Article 4 shall be 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) 

In Annex I, point 1 (i), "Commission" shall be replaced by "Member States". 

(6) 

In Annex I, point 2 (m), "the competent authorities of the Member State concerned" shall be 

replaced by "the competent authorities of the Member State which assigned them". 

(7)  Annex II shall be deleted. 

 
 
 
 
 
 
 
 
 
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Article 2 

This Regulation shall enter into force on the day following that of its publication in the 

Official Journal of the European Union. 

It shall apply from 1 May 2004. 

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

Done at Luxembourg, 29 April 2004. 

For the Council 

The President 

M. McDOWELL 

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