Corrigendum to 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) (OJ L 161, 30.4.2004)
Date: 2004-06-09
Institutions: Council of the European Union
Subjects: EU Member State, North-West Atlantic Fisheries Organisation, fishing area, fishing controls, fishing vessel

9.6.2004

EN

Official Journal of the European Union

L 206/1

CORRIGENDA

Corrigendum to 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)

(Official Journal of the European Union L 161 of 30 April 2004)

Regulation (EC) No 855/2004 should read as follows:

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,

waters, including being responsible for placing observers
on such vessels.

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 37 thereof,

(4)

Having regard to the proposal from the Commission,

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

(5)

Whereas:

(1)

(2)

(3)

Regulation (EC) No 3069/95 (2) 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 Organisa-
tion (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 opera-
tion.

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 (3). Pursuant to that Regu-
lation, Member States are to control the activities carried
flag outside Community
out by vessels flying their

(1) Opinion delivered on 1 April 2004 (not yet published in the Offi-

cial Journal).

(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.).

(3) OJ L 358, 31.12.2002, p. 59.

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.

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 is replaced by the

following:

‘1. 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.’

L 206/2

EN

Official Journal of the European Union

9.6.2004

2. The following Article 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,

‘Community observers’

is replaced by ‘duly

assigned observers’.l

4. Article 4 is replaced by the following:

States may charge these costs,
operators of their vessels.’.

in part or in full, to the

5. In Annex I, point 1(i), ‘Commission’ is replaced by ‘Member

States’.

6. In Annex I, point 2(m),

Member State concerned’
authorities of the Member State which assigned them’.

‘the competent authorities of the
is replaced by ‘the competent

7. Annex II is deleted.

Article 2

‘Article 4

All costs arising from the operation of observers under this
Regulation shall be borne by the Member States. Member

This Regulation shall enter into force on the day following 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