CELEX: 51987PC0374
Language: en
Date: 1987-07-22
Title: Proposal for a COUNCIL REGULATION (EEC) establishing an interim autonomous scheme of control in respect of Community vessels operating in the Regulatory Area of the North-West Atlantic Fisheries Organization (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 374
Vol. 1987/0208
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        COM(87 ) 374 final
                                                       Brussels , 22 July 1987
                                  Proposal for a
                            COUNCIL REGULATION ( EEC )
    establishing an interim autonomous scheme of control in respect of
          Community vessels operating in the Regulatory Area of the
                  North-West Atlantic Fisheries Organization
                         ( submitted by the Commission )
C0M(87 ) 374 final
                                     t2 7 '! -■} 7 fc£l
                                          K-V  Générât
                                                        too /
                                               a j Sccrélàriaf
                                                                  JE' |
                                                               ,/N^y
                                                             A'rN /
 ---pagebreak---                                                                         боН З^у
                             EXPLANATORY MEMORANDUM
In respect of fishing activities in the North West Atlantic area , the
Community has participated in the Scheme of Joint International Enforcement
of the North-West Atlantic Fisheries Organisation ( NAFO ). This Scheme
provides for reciprocal rights of boarding and inspection by the
Contracting Parties and for Flag State prosecution on the basis of the
results of the inspections .
However , the proper functioning of the Scheme was brought into question by
the alleged misuse of NAFO credentials in carrying out inspections in the
NAFO Regulatory Area , the concentration of inspections on Community vessels
and the nature of the inspections themselves . These matters indicated
certain weaknesses in the application of the Scheme . The Community
consequently gave notice to NAFO on 26 June 1986 of its intention not to be
bound by the current Scheme as from twelve months from the date of
notification . In giving this notice , and in view of its commitment to the
fundamental principles of control and enforcement underlying the Scheme ,
the Community confirmed its willingness to seek the necessary amendments to
the Scheme in order to ensure its impartial , objective and effective
application .
In accordance with this Community decision , the Community presented to NAFO
a draft amended Scheme for consideration by the Working Group established
by that organisation at its 1986 Annual Meeting . This Working Group , which
met in Halifax from 2-6 March 1987 , considered the draft Scheme proposed by
the Community and submitted a report which will be considered by
NAFO'sFisheries Commission at its Annual Meeting in September 1987 .
In deciding to set up a Working Party NAFO Contracting Parties , including
the Community , agreed to ensure that their fleets would fully comply , at
least until 15 November 1987 , with a control scheme corrresponding to the
provisions of the existing NAFO scheme . Since the Community is no longer
bound by the existing NAFO Scheme from 26 June 1987 it is therefore now
incumbent on it to establish an autonomous interim control regime
applicable to Community vessels fishing in the Regulatory Area .
 ---pagebreak---                                        - 2 -
The attached proposal for an autonomous interim Scheme provides for the
inspection of Community vessels by the inspection services of Member
States and the Commission . It also provides for the inspection services of
NAFG Contracting Parties to be appointed to the autonomous Scheme by the
Community on condition that they have agreed to abide by the provisions of
the Scheme and accord reciprocal inspection rights vis- a- vis their own
vessels to Community inspectors appointed to the Scheme .
The Commission requests the Council to adopt the proposed autonomous
interim Scheme without delay in order to allow the Community to meet its
obligations .
 ---pagebreak---                                          Proposa L for a        3
                                 OOUNCIL RBGULATICN ( ESC )
              establishing an interim autonomous scheme of control in respect of
                    Conraunity vessels operating in the Regulatory Area of
                        the North-West Atlantic Fisheries Organisation
7THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the European Economic Ccrmunity ,
 Having regard to Council Regulation ( EEC ) No 170/83 of 25 January 1983 establishing
 a Ccmnunity system for the conservation and management of fishery resources ( 1 ) ,
 and in particular Article 11 thereof ,
 Having regard to the proposal fran the Commission ,
 Whereas Council Regulation ( EEC ) No 579/80 of 3 March 1980 implementing Articles
 XVIII and XXIII of the Convention on future multilateral cooperation in the north¬
 west Atlantic fisheries as regards the Scheme of Joint International Enforcement
  ( 2 ) provides for a scheme of control in the Regulatory Area of the North-West
 Atlantic Fisheries ;
 Whereas the Community gave notice on 26 June 1986 of its intention not to be bound
 by the Scheme of Joint International Enforcement from twelve months thence and it
 is therefore appropriate to repeal Regulation 579/80 ;
 Whereas in this situation and taking account of the Community 's carmitment to
 control its fishing activities in the Regulatory Area in the interest of the con¬
 servation of resources it is necessary to provide for an interim autonomous scheme
 of control of Community fishing vessels in that Area ;
 Whereas there will be a more efficient use of control resources if Ccmnunity
 fishing vessels in the Regulatory Area can be inspected by any inspector assigned
 by a Member State or by the Ccmnission ;
 Whereas the conservation of resources will be promoted if there is provision under the Community 's interim
 autonomous scheme for mutual inspection of fishing vessels by the other Contracting Parties to the Conven¬
 tion, such mutual inspection extending, as regards Community vessels in the Regulatory Area, to compliance
 with Community measures adopted in pursuance of or in relation to measures proposed by the NAFO Fisheries
 Commission;
 Whereas this interim autonomous Scheme of Control applies without prejudice to the
 obligations of the Member States under Article 1 of Council Regulation ( EEC ) No
 2057/82 ( 3 ), as last amended by Regulation ( EEC ) No 4027/86 ( 4 ), to control and
 monitor Community vessels which have fished in the Regulatory Area .
                                                                                           ./.
  (1)   QJ Nb  L 24,     27.01.1983 ,   p.  1
  (2)   QJ No  L 63 ,    03.03.1980 ,   p.  1
  (3)   OJ No  L 220 ,   29.07.1982 ,   p.  1
  (4)   OJ No  L 376,    31.12.1986 ,   p.  4
 ---pagebreak--- HAS ADOPTED THIS REGULATION :
                                             ТГП.Е I
                                    Definitions and Scene
                                          Article 1
In this Regulation the following expressions shall have the following meanings :
     "Scheme "                - the interim autonomous scheme of control in respect of
                                Ccrnnunity vessels operating in the Regulatory Area of
                                the North-West Atlantic Fisheries Organisation
                                established by this Regulation ;
     "Contrtunity inspector"
                  inspector " - an inspector assigned by the Ccmnission or a Member
                                State and appointed to the Scheme ;
     "Cctmtunity vessel "
     "Ccrnnunity              - a vessel flying the flag of or registered in a Member
                                State ;
     "Convention
     "Convention""            - the Convention on Future Multilateral Cooperation in
                                the   North-West     Atlantic fisheries  referred  to    in
                                Council Regulation ( EEC ) No 3179/78 of 28 December 1978
                                concerning the conclusion by the European Economic
                                Ccrnnunity of the Convention on Future Multilateral
                                Cooperation in the North-West Atlantic Fisheries ( 1 ) •
     "Contracting Party"      - a Contracting Party to the Convention other than the
                                Ccrnnunity ;
     "Executive Secretary" - the person referred to in Ajrticle XV of the Convention ;
     "Fisheries Ccmnission " - the Ccmnission defined by Article XI of the Convention ;
     "Flag State "            - the Member State whose flag is flown by a Ccrnnunity
                                vessel or in which it is registered ;
     "Regulatory Area "       - the area defined by Article 1(2 ) of the Convention .
                                          Article 2
The Scheme shall apply to the following Ccrnnunity vessels *
a ) fishing vessels which are or have been engaged in fishing operations in the
     Regulatory Area ;
b) vessels equipped for processing fish on board , which cure or have been engaged
     in fish transferring operations in the Regulatory Area ; and
c) transport vessels which are engaged in fish transferring operations .
                                                                              •/.
( 1 ) QJ No L 378      30.12.1978 , p. 1
 ---pagebreak---                                              " 5"
                                            TTHJE II
                   Appointment and Functions of Inspectors under the Scheme
                                           Article 3
1 . The Ccrttnission shall appoint inspectors under the Scheme . The inspectors may be
     Ccmnunity inspectors or inspectors assigned by a Contracting Party .
2 . Inspectors shall be entitled to inspect in the Regulator Area Community vessels
     to which the Scheme applies for compliance with :
         i)    Council Régulation ( EËC ) No 2622/ 79 ( 1 );
         ii )  Articles 3 , 6 , 7 and 8 of            Regulation ( EEC ) No 2057/82 and the
               detailed rules for implementing these Articles ;
         iii ) Articles 1(2 ) and 2 of Council Regulation ( EEC ) No 500/87 ( 2 ); and
         iv ) Ccrtmunity measures in pursuance of Article 10(3 ) of               Regulation
               ( EEC ) No 2057/82 halting fishing on the exhaustion of the quota ,
               allocation or share available to the Ccmnunity .
3 . Ccmnunity inspectors shall be entitled to inspect in addition for compliance
     with any other Ccmnunity conservation or control measure applying to those
     vessels in the Regulatory Area .
4 . Inspectors assigned by a Member State or a Contracting Party shall remain under
     the operational control of and shall be responsible to that Member State or
     Contracting Party .
                                           TITLE III
      Special provisions applying in the case of inspectors and special inspection
                           vessels assigned by a Contracting ftrrty
                                           Article 4
In the case of inspectors and special inspection vessels assigned by a Contracting
Party the following provisions shall apply :
1 . The Commission may appoint to the Scheme inspectors assigned by a Contracting
     Party provided it considers that that Contracting Party
     i ) has made the appropriate legal and administrative arrangements to permit
          inspections of its own vessels operating as specified in Article 2 by
          Ccrtmunity inspectors appointed to the Scheme ; and
     ii ) will comply with the relevant provisions of this Regulation .
                                                                                •/•
( 1 ) OJNoL 303 of 29.11.1979 , p. 1
( 2 ) OJNoL 51 of 20.02.1987 , p. 3
 ---pagebreak--- 2 . To ensure objectivity in the realization and distribution of inspections between
    vessels of the Contracting Parties and Ccmmuni ty vessels , the number of
    inspections carried out by the special inspection vessels, as defined in
    Annex I , 2 of the Contracting Party referred to in point           1 on Community
    vessels shall as far as possible reflect the ratio of fishing activity by
    Community vessels to the total fishing activity in the Regulatory Area , measured
    on the basis of, inter alia , the level of catches and days on ground .
3 . The Contracting Party referred to in     point   1 shall provide the Camdssion
    every 10 days      with a list of vessels , whether or not Community vessels ,
    inspected in the Regulatory Area .
4 . The Commission shall revoke the appointment of inspectors of a Contracting Party
    if it considers that the provisions of this Regulation have not been complied
    with by the Contracting Party or by inspectors assigned by the Contracting
    Party .
5 . If an inspector of a Contracting Party is appointed to the Scheme , the
    Camdssion shall designate an authority to receive immediate notice of apparent
    infringements (hereinafter referred to as " the designated authority") and the
    means    by   which  the   designated  authority  may   receive  and    respond to
    communications .
6 . In the case of an apparent infringement discovered by an inspector assigned by a
    Contracting Party the Contracting Party shall :
    i ) communicate in writing the details of the apparent infringement to the
         designated authority within the working day following the inspection
         whenever possible ;
    ii ) send to the Commission a copy of the inspection report with supporting
         documentation , including second photographs taken, as soon as possible after
         the inspection vessel returns to port..
7 . In the case of other inspection reports , the original shall be transmitted by
    the Contracting Party to the Commission within 30 days whenever possible .
 ---pagebreak---                                          TTM IV
                     ;>
                         Mariner States' Duties under the Scheme
                                        Article 5
Member States shall ocrrply with the provisions of Annex I.
                                         ТИП! V
                  Terms and conditions of infections under the Scheme
                                         Article 6
Inspections shall be carried out upon the terms and conditions set out in
Annexes II - VII .
                                          TTM VI
                                    General Provisions
                                         Article 7
        . Regulation ( EEC) No 579/80 is hereby repealed .
                                         Article 8
 This Regulation shall enter into force on the third day following that of its publication
 in the Official Journal of the European Ccmriunities .
This Regulation shall be binding in its entirety and directly applicable in all
Mentoer States .
 Done at Brussels                 1987
                                                           Por the Council
                                                            The President
 ---pagebreak---                                         ANNEX I
                      Provisions applying to the Menber States
1 . A Member State which has at any one time more than fifteen vessels engaged in
    fishing operations or in the processing or transferring of fish in the Regu¬
    latory Area shall assign to the Scheme an inspector and a special inspection
    vessel for at least that time .
2 . Member States shall notify the Connission by 1 November each year of
    1 ) the name of each vessel flying its flag intending to fish in the
          Regulatory Area in the succeeding year together with the letter ( s ) of
          the port or district in which the vessel is registered and the number ( s )
          under which it is registered , and
    ii ) the names of the inspectors and special inspection vessels (which term
          includes fishing vessels carrying inspectors ) and the identity of the
          helicopters which they are assigning to the Scheme .
3 . An inspector appointed by the Connission may be placed on board any special
    inspection vessel .
4 . 1 ) In the case of an apparent infringement discovered by an inspector
        assigned by a Member State , that Member State shall transmit as soon as
        possible to the Member State whose flag is flown by the inspected vessel
        or in which it is registered a copy of the inspection report with
        supporting documentation , including second photographs .
    2 ) In the case of other inspection reports the original shall be transmitted
        as soon as possible to the relevant Member State .
5 . A Member State notified of an apparent infringement committed by a vessel
    flying its flag or registered in it shall take prompt action to receive and
    consider the evidence of the apparent infringement , conduct any further
    investigation necessary for disposition of the apparent infringement and ,
    whenever possible , board the vessel involved . The flag State shall cooperate
    fully with the authority to which the inspector is responsible with a view to
    ensuring that the evidence of the apparent infringement is prepared and
    preserved in a form which facilitates judicial action .
6 . Resistance to an inspector or failure to ccmply with his directions shall be
    treated by the flag State as if the inspector were an inspector of that
    State .
 ---pagebreak---                                          -3-
7 . Member States shall consider and act on reports frcrri inspectors under the
    Scheme on the same basis as reports from their own inspectors .            The
    provisions of this paragraph shall not impose any obligation on the Member
    State to give the report from an inspector not assigned by that Member State
    a higher evidentiary value than it would possess in the inspector 's own
    country. Member States shall collaborate in order to facilitate judicial or
    other proceedings arising frcm a report submitted by an inspector under the
    Scheme .
8 . In addition to complying with the obligation under Ajrticle 5 of
    Regulation ( EEC ) No 2057/82 to provide information about inspections of
    fishing activities carried out by national control authorities Member States
    shall report to the Commission by 1 March each year for the previous calendar
    year :
    a ) the number of inspections under the Scheme by inspectors assigned by them,
        specifying the number of inspections on the vessels of each Member State
        and , if appropriate , each Contracting Party and , in the case of an
        apparent infringement , the date and position of the named vessel and the
        nature of the apparent infringement ;
    b) the number of inspections carried out in its ports of vessels to which the
        Scheme applies and Contracting Party 's vessels operating as specified in
        Article 2 and , in the case of an infringement , the date and position of
        the named vessel and the nature of the infringement ;
    c ) the disposition of apparent infringements notified to it . The apparent
        infringements shall be listed annually until the action is concluded under
        the laws of the Member State , and any penal or administrative action
        taken shall be described in specific terms .
 ---pagebreak---                                          ANNEX II
                     Terms and conditions applying to Inspections
1 . Inspectors shall carry and produce the document of identity shown in
    Annex III upon boarding a Carrnunity vessel .            The Caimission shall upon
    appointment of an inspector to the Scheme issue this document of authority to
    the inspector , specifying thereon the duration of assignment .
2 . Inspectors , special inspection vessels and helicopters during their respec¬
    tive periods of assignment to the Scheme may not exercise duties of control
    and enforcement related to the zone of fisheries jurisdiction of the Member
    State or as the case may be Contracting Party which has assigned them .
     Inspectors may only operate frcm assigned special inspection vessels .
3 . Any vessel or helicopter assigned to the Scheme and carrying an inspector
    shall display the following signals to indicate that the inspector is carry¬
    ing out an inspection under the Scheme :
    a ) during daylight hours , in conditions of normal visibility, two inspection
         pennants as shown in Annex IV, flown in a vertical line one above the
         other with the distance between the two not exceeding one metre ;
    b ) for any vessel , during the hours of darkness or in conditions of restric¬
         ted visibility, a high ^intensity flashing blue light constructed and sited
         so as to be visible all round the horizon for a distance of at least two
         miles ; the characteristics of this light shall be ninety flashes every
         minute ;
    c ) the boarding craft shall display one inspection pennant as shown in
         Annex IV .
4 . The master of a Ccsrmunity vessel to which the Scheme applies shall facilitate
    boarding when given the appropriate signal in the International Code of
    Signals by a vessel or helicopter carrying an inspector . The vessel to be
    boarded shall not be required to stop or manoeuvre when fishing , shooting , or
    hauling . The master shall provide :
    a ) for vessels longer than 30 m . overall , a boa. rding ladder constructed and
         used as described in Annex II to Corami ss ion Regulation ( EEC ) No 1382 /87 of 20 May 1987
         establishing detailed rules concerning the inspection of fishing vessels
         (x) ;
    fc ) such assistance to boardings frcm helicopters as specified or qualified in
         Annex V.
     In -other case , the master shall observe doe ordinary practice of good sea¬
    manship. to enable an inspection party to beard as soon as practicable .
                         05.1987 , p. 11
 ---pagebreak---                                           -n -
5 . The procedures established for personnel helicopter hoist transfers shall not
    place a higher duty of care upon the master of a fishing vessel than that
    required by international law .
6 . An inspection party shall consist of , at maximum, two inspectors appointed to
    the Scheme . The use of arms in relation to the inspections is prohibited
    and , in particular , the insp>ectors shall not carry arms .
7 . The vessel in charge of a pair trawling cperation shall be required to iden¬
    tify itself by flying a pennant or flag on the approach of an inspector .
8 . Inspections shall be made so that the vessel , its activities and catch suffer
    the minimum interference and inconvenience .         Except in the case of an
    apparent infringement , the duration of an inspection shall not exceed two
    hours or until the net is hauled in , whichever is the longer . An inspector
    shall limit his inquiries to the ascertainment of the facts in relation to
    the observance of the measures referred to in Article 3 paragraph 2 or 3 , as
    the case may be . The inspection shall be carried out using the report of
    inspection prescribed in Annex VI . In the case of a language difficulty , the
    inspector or master shall use , in the appropriate language , the appropriate
    part of the questionnaire shown in Annex VII . In making his examination , the
    inspector may ask the master for any required assistance . The master shall
    facilitate the work of the inspector . The report of the inspection may be
    commented upon and shall be signed by all the persons that the form
    requires . A ccp>y of the report shall be given to the master of the vessel .
9 . An inspector observing a failure of a Ccnmunity vessel to enable an
    inspection party to board after being proper ly signalled shall prepare a
    report giving as much information as possible , including the nature of the
    signal , the distance from which the signal was given , the visibility at the
    time , the sea state , wind and icing conditions .        Further, an inspector
    assigned by a Contracting Party shall report the apparent infringement as
    soon as possible to any Ccnmunity insp>ector known to be in the vicinity or
    the designated authority .
 ---pagebreak--- 10 . i )  Inspectors shall have authority to inspect and measure all fishing gear
          on or near the working deck and readily available for use , and the catch
          on or below decks in so far as such inspection and measurement are
          necessary to establish whether the vessel is complying with the
          Fisheries Ccmnission' s or Gcmnunity Regulations caning within the
          inspector 's purview. Fishing gear shall be inspected in accordance with
          such measures . With regard to catch , logbook entries shall be accurate
          within a tolerance of twenty percent .
     ii ) Inspectors assigned by a Contracting Party shall be entitled to inspect
          only the logbook entries relating to the current voyage .
11 . In order to verify the observance of the Fisheries Ccmnission 's measures and
     any Gcmnunity measures caning within his purview an inspector has the
     authority subject to the reservation in paragraph 10 ( ii ) to examine catch ,
     nets or other gear and any relevant documents which the inspector deems
     necessary . Where an apparent infringement of the measures is observed :
     - the inspector shall note the apparent infringement in the report , sign
         the entry and obtain the countersignature of the master ;
     - the inspector shall make and sign an entry in the fishing logbook or
         other relevant document stating the date , location , and type of apparent
         infringement found . The inspector may make a copy of any relevant entry
         in such a document , and shall require the master of the vessel to certify
         in writing on each page of the copy that it is a true copy of such entry ;
     - the inspector shall have authority to document the apparent infringement
         with photographs of the relevant vessel 's gear , catch and logbooks or
         other relevant documents , in which case a second photograph shall be
         given to the master of the vessel and attached to the report sent to the
         flag State or as appropriate to the Cormission in pursuance of
         Article 4(6 ) . In the case of an insp>ection by an inspector assigned by a
         Contracting Party the Ccmnission shall be responsible for informing the
         Member State concerned of the report provided in pursuance of
         Article 4(6 ).
12 . i ) Where an inspector finds an apparent infringement of :
         a)        . Régulation ( EEC ) No 2622 /79 ; or
 ---pagebreak---       b ) Community measures in pursuance of Article 10(3 ) of
          Regulation ( EEC ) No 2057/82 halting fishing on the exhaustion of the
          quota , allocation or share available to the Ccrrmunity,
      the appropriate following provisions of this paragraph shall apply .
ii )  An inspector assigned by a Contracting Party shall , with a view to
      facilitating action by the Conmunity on the apparent infringement ,
      immediately attempt to communicate with a Cormunity inspector known to
      be in the vicinity or the designated authority .
iii ) The provisions of this sub-paragraph apply only to inspections by an
      inspector assigned by a Contracting Party .
            At the request of such an inspector , a master shall cease all
            fishing which appears to the inspector to contravene the measures
            referred to in sub-paragraph i ) a ) and b ) . During this time , the
            inspector shall complete the inspection and , if unable within a
            reasonable period of time to communicate with a Community
            inspector or the designated authority , shall leave the inspected
            vessel and communicate as soon as possible with one of these .
            However , if he succeeds in establishing communications while on
            board the inspected vessel and provided that the Community
            inspector or the designated authority agrees , the inspector may
            remain aboard and the master may not resume fishing until the
            inspector is reasonably satisfied , as a result of either the
            action taken by the master or the inspector 's communication with a
            Community inspector or the designated authority, that the apparent
            infringement will not be repeated . The master of the inspected
            vessel shall provide the use of the vessel 's radio equipment and
            operator for messages to be sent out and received for this
            purpose .
iv ) The provisions of this sub-paragraph apply only to inspections by a
      Community inspector .
            At the request of such an inspector , a master shall cease all
            fishing which appears to the inspector to contravene the measures
            referred to in sub-paragraph i ) a ) and b ) .
 ---pagebreak--- 13 . The inspector in charge may request that the master remove any part of the
     fishing gear which appears to the inspector to contravene the Fisheries
     Cortnission ' s measures or any Ccrrmunity Regulations caning within the
     inspector 's purview. An identification mark shall be affixed securely to
     any part of the fishing gear which appears to the inspector to have been in
     contravention , and the inspector shall record the fact, on his report . The
     gear shall be preserved with the mark attached until examined by a Comnuni.ty
     inspector or the designated authority , who shall determine the subsequent
     disposition of the gear .
14 . An inspector may photograph the fishing gear in such a way that the identi¬
     fication mark and measurements of the gear are visible .            Subjects
     photographed shall be listed in the report . A second photograph shall be
     given to the master of the vessel .
 ---pagebreak---                                       15
             7
           ANNEX III - INSPECTOR 'S DOCUMENT OF IDENTITY
                        (not smaller than 8.5 cm x 5.5 cm)
                                                   E
                                                 T J3
                                                 Sou
                                                      C/> * 1“
                                                 5 « ts
                                                   <u ^ J5J3
  - -                                             OIW
    Pennant
                                   LU  ^          QJ 02
                                  K«    !i Ü3~ ^«- o_£                       O 8
                                                                             c S
---                          ?     2    X .< 4k WH-                          o P
                             2 ujg     I t ■ flg’B                      a,   ° 5
                             SM li Ijg
                             S
                             H £  °
                               II o     ° 2 £ <
                                                                       i s| L
                                                                        2    É _     S
    Photograph      It.     P U«
                             E    z     w S I |Sto
                                       !si        (– ~8t^            1 u>
                                                                       K
                                                                     I 00    C !PKd
                                                                             o
                                                                            <S       UJ
                                                                                     2
                                                                                     f
                                  & ï*msé                                 . ^.Ç ι3
                                                                                    §Μ
                                                                            4->      «
                                  D            *S O 0)         0}                    >
I-1                               UJ           -gu fl)
                                                      _t Û£ T  N             .
                                                                             “
                                                                                     ^
                                                                                     Il
                                                 fcëü i                     £       o
                                               S-5 4" &                             z
                                                               ° JT                 O
 Signature of Bearer                          l*r P.r L 5                           rr
                                                 r g -P (D        <2                =;
                                                S.. eb 2# -6   r
                                                                                    Q
                                                                                    ü
                                                                                        o
                                                                                        Z
 ---pagebreak---                                ANNEX IV-INSPECTION PENNANT
                                                    BLUE
                          YELLOW
                                                  YELLOW
                           BLUE
                        –--- 213 cm -
Not exceeding 1 meter
                                                   BLUE
                         YELLOW
              94 cm
                                                 YELLOW
                          BLUE
                      [» -213cm---         213 cm
 ---pagebreak---                                 ANNEX ' V - HELICOPTER HOIST PROCEDURE
The capcain of the helicopter shall be in charge of and shall ensure the safety of personnel who are
being transferred between a vessel and the helicopter during the entire time such personnel are
attached to the helicopter via the hoist cable and the lifting device .
The master of the vessel shall follow the procedures described below to assist the helicopter :
(i)     Attempt to communicate by radio in a common language ;
( 11 )  Alter course and speed if requested and if free to do so ;
( ill ) Maintain a steady course and speed throughout the transfer operation unless the safety of the
        vessel is in Jeopardy ;
( lv )  Provide a visual Indication of relative wind by means of a pennant or other suitable device ;
(v)     Clear the transfer area of objects which could be blown loose ;
(vi )    Not make radio        transmission on standing wire antennae (high frequency) in the immediate
        vicinity of the transfer area during the transfer .     If such transmissions become necessary , the
        helicopter shall be advised in order that the transfer could be delayed ;     if a guide line is
        lowered first , crew members should be available to man this line to assist in the transfer of
        the inspection party .    The inspection party , other lines and wires should not be touched by
        the crew of the vessel until the inspection party has grounded those lines and wires on the
        vessel ;
( vii ) TAKE APPROPRIATE MEASURES TO ENSURE TO THE EXTENT PRACTICABLE THAT NONE OF THE LINES OR FITTINGS
        LOWERED FROM THE HELICOPTER ARE ATTACHED TO OR PERMITTED TO FOUL IN THE VESSEL .
The helicopter displaying its Inspection pennant shall communicate to the vessel the Intention to
conduct a boarding :
( i)    by radio communications on 2182 KHZ , VHF-FM Channel 16 or other agreed frequencies ;
( li )  by visual or aural indication of an appropriate signal extracted from the International Code of
        Signals as shown in paragraph 7 ;
( iii ) by hovering over or near the intended boarding position in conjunction with hand signals ,
        adopted from the International Code of Signals , as Indicated in paragraph A.
(i)     Signal :  Pointing movement by arm or hand
        Used by :       Meaning :
        Helicopter      Wish to conduct transfer or boarding in the indicated location
( ii )  Signal : Vertical motion with arm or flag , or ''Thumbs-Up " indication
 ---pagebreak---                                                     _ 2 -
                                                 (Annex V )
             Used by :        Situation                                       Meaning :
             Eithar          Before transfer                                  Raady to conduct transfer ;
            Vessel           Before transfer                                  Desire transfer from this
                                                                                position ;
            Helicopter       After dropping the guide line                    Take up the slack on the guide
                                                                                line ;
                             After taking up the slack on the guide line      Pull in gently on the guide line ;
            Either           At any time                                      Affirmative response .
    ( ill ) Signal :   Horizontal motion with arm or flag , or "Thumbs-Down" indication
            Used by :        Situation :                                      Meaning :
            Vessel           Before transfer                                  Transfer not recommended from
                                                                                 this position - recommend
                                                                                 alternative ( and point towards
                                                                                desired position );
            Either           Before transfer                                  Not ready to conduct transfer ;
            Vessel           During transfer                                  Request you stop the transfer ;
            Helicopter       After dropping the guide line                    Ease the tension on the guide
                                                                                line ;
                             After easing the tension on the guide line       Release the guide line ;
            Either           At any time                                      Negative response .
5. A visual display of the symbol YU by the helicopter or the radio transmission of YANKEE UNIFORM to
   the fishing vessel indicates the signals in paragraph 7 are to be used for inspection communications .
6. The following situations are representative of conditions under which a personnel helicopter hoist
   transfer shall NOT be attempted :
   (i)      In the opinion of the captain of the helicopter or the master of the vessel , there is inade¬
            quate clear space for a transfer or there are too many obstructions ;
   ( li )   There is significant vessel motion such that , in the opinion of the captain of the helicopter
            or the master of the vessel , a hazard exists ;
   ( Hi )   The helicopter cannot position itself with an acceptable relative wind ;     and
   ( iv )   Other hazards exist which prejudice the safety of the helicopter or the vessel or of personnel
            being transferred .
7.  IMO Signal                IMO meaning                                     Remarks
   SQ 3                      You should stop , or heave to , I am going       The display of the Inspection
                             to board you                                     pennant Indicates the presence
                                                                              of an authorized inspection
                                                                              team in the helicopter
 ---pagebreak---                              ( Amex V)
  IMO SiRnal IMO Meaning                                   Remarks
 HC          You should steer course _                     Course is true
 IK-RQ       Request you proceed at _ knots
AZ           I cannot alight but I can lift crew           Indication of Intentions to
                                                           conduct helicopter hoist trans ¬
                                                           fer ( used with BB signal )
BB1-RQ       Hay I alight on your deck ;   are you ready ) Used in conjunction with
                                                         )
             to receive me foward ?                      ) signal AZ to indicate heli¬
                                                         )
BB2-RQ       May I alight on your deck ;   are you ready ) copter will not alight but
                                                         )
             to receive me amidships ?                   ) will conduct a hoist transfer
                                                         )
BB3-RQ       May I alight on your deck ;   are you ready ) in the area Indicated
                                                         )
             to receive me aft ?                         )
K            I vish to communlcate wlth you by .
             ( extracts from IMO Table 1 )
             6 ... International Code Flags
             8 ... Radlotelephony 2182 KHZ
             9 ... VHF Radio telephony Channel 16
YX           I wish to communicate by radiotelephgny on
             frequency Indicated
C            YES ( affirmative )
N            NO ( negative )                               November Oscar by voice or
                                                           radio transmission
YU           I am going to communicate with your station
             by means of the International Code of Signals
BT           Helicopter is coming to you now (or at time
             lndlcated )
 ---pagebreak---                                                                                         tø
                                    ANNEX  VI
                     COMMISSION OF THE EUROPEAN COMMUNITIES
                                 REP°RT_OF_INSPEÇTI6N_
                   ( Inspector : Please use   CAPITALBLOCK LETTERS )
Note to master of fishing vessel
The inspector will produce his document of identity on boarding . He is then entitled
 to inspect and measure all fishing gear on or near the working deck and readily avai ¬
 lable for use and the catch on and / or below decks and any relevant documents . This
 inspection will be to check your compliance with measures of the Fisheries Commission
of NAFO applying to your vessel and with autonomous Community measures adopted follo ¬
wing objection by the European Economic Community to a measure of the Fisheries
 Commission of NAFO . If the inspector is a Community inspector , he will also check your
 compliance with the other relevant Community Regulations . The inspector will not ask you
 to haul your nets ; however , he may remain on board until the net is hauled in .
AUTHORIZED INSPECTOR(s )
 1.  NAME ( S ) .                                                             .
2.   Name and Identifying letters and / or Number of Vessel Carrying Him .
INFORMATION ON VESSEL INSPECTED
3.   Member State and Port of Register ...
4.   Vessel 's Name and Registration Number
5.   Master 's Name .
6.   Owner 's Name and Address .
7.   Position as determined by inspecting vessel 's master at ... GMT ; Lat ... Long ...
     a)  Equipment used in determining position .
8.   Position as determined by fishing vessel 's master at .... GMT ; Lat .
                                                                        Long .
     a)  Equipment used in determining position .
DATE AND TIMES THE INSPECTION COMMENCED AND FINISHED
9.   Date . Time arrived onboard . GMT                      Time of Departure . GMT
GEAR ON OR NEAR THE WORKING DECK INSPECTED
10 .
                                                      lst net_2nd net -_3rd net
Type of net ( trawl net , seine net , etc. )
Material ( chemical category , if possible )
Single or double twine
Net ( measured wet ) - on or near trawl deck
Type of net attachments inspected
Remarks .
 ---pagebreak---                                                                   - 2 -
                                                              (Armex VI )
     MESH HEASUREMENT - IN MILLIMETERS
     Codend ( Inclusive
                inclusive of lengthener (s )/     ), if
                                                     If any )        - Samples of 20 meshes                                Averaoe
                                                                                                                           Average LeaslLegal
                                     ... Width(Mesh
                                         Width(HeshSi       Site )
                                                              «)_,                                                           Vidth
                                                                                                                             Width         lit#
                                                                                                                                           lit#
     T^TTTI I III I "                                               IT I' I I I l II I I–l
      **                                                                  U                  1                   .
     ТпЛ           ■    -Г "        Т"              "        Т         Т                   Т1'                             --
      Net                             _.          ___                                    ___                             Il
      3rd
      lict .
                                                                                                                         |I
      Chafer -- Samples of _ meshes
      Chafer                                     '-'-'-'-'-'-U“J-'-1-1-1-                                                             v-
       -1        r~1      I    l      i     I   “i      I      1     I    I  I      I    i    I    1    i    ;       –n-r
      ist                                                                                                                             1
      Net                                     –                                                                –mmmm    – – ^
                                                                                                                                      Q
                                                                                                                                  ■■•“fl 1 i*M«|
                                                                                                                                                .
       2nd
       Net_;_ __ ___ _;_ _ _
       3rd
       Net_
       heVtoof? 'NTT
       Rest      Net ~Tainp  les of
                      - samples    o t 20
                                        2 U meshes        ‘                    1      I    'll            I-1-»–«-*
        m                   nTTTTn TTTTTTTTTl-1
      JM_ ._;_1 _ |
        2nd                                                                                                                 \          I "
      . Net__ __ _                                                                                                          |           | •
        3rd                                                                                                                             I-
I ISL1.1.1 1 M I 11 1 1 11.11 . 1-1 M I
i
\
                                                                                                                                         I
I        12 .  Have the records of catches been retained aboard for the duration of the
i              quota period ? YES /NO
I
t,
i<                                      Result of Inspection of Fish on board
  f,     13 . Result of Inspection of Fish Observed in last tow ( if appropriate )
              Потя' Т0М5    ALI . SPECIES TAKEN                                PERCENTAGE OF EACH PERCENTAGE IJISCARDEI
                            TOTAL CATCH
                                                      1
   1
   <
 ---pagebreak---                                   ( Amex VI )
Result of Inspection of fish in hold(s )
Fish Species       How           How           Cubic Capacity /     Conversion     Inspectors
with 3-Alpha       Processed     Stored        No . of Units ,      Factor         Estimate
  Code                                         Blocks , etc.                       ( tonnes )
If the estimate(s ) differ(s ) by more than .       -20% from the entries in the logbook
for the current voyage , the         inspector will write below the entries in the
logbook :
Date      Fish species with    Quota      Daily       Disposition    Cumulative
          3-Alpha code         region      total                     weight
 ---pagebreak---                                         ( Amex VI )
Note to master of fishing vessel :
At this stage the inspection will finish unless an apparent infringement has
been found . If no apparent infringement is found go to item 20 . If an apparent
infringement has been found the inspector will write the infringement here and
sign at this point . You must countersign to show that you have been informed
of the infringement .     Your signature does not constitute acceptance of the
apparent infringement .
             16     Nature of infringement :
                    Signature of inspector :
                    Signature of master : . .
     If an apparent infringement has been found , the inspector may :
     1)   examine and photograph the fishing vessel 's gear , catch , logbooks or
          other relevant documents ;
     2)   ask you to cease fishing if the apparent infringement consists of
           (a ) fishing in breach of the technical measures in Council Regulation
                 ( EEC ) No 2622 / 79 ; or
           (b)  fishing in breach of a Community measure in .pursuance of article 10(3 )
                of Council Regulation ( EEC ) No 2057/82 halting fishing on the exhaustion
                 of the quota , allocation or share available . to the Community .
 ---pagebreak---                               ( Armex VI )
Before asking you Co cease fishing , the inspector must immediately attempt
to communicate with a Community inspector in the vicinity or the designated
authority of the European Economic Community .          You must allow the
inspector to use your radio equipment or operator for this purpose .   If
the inspector cannot contact a Community inspector or the
designated authority , he will complete his inspection and leave your
vessel . While he is on board you should not recommence fishing unless
you have satisfied the inspector that you. will not repeat the apparent
infringement e.g. because you have changed zone or cut off the illegal
gear .
If the inspection is being made by a Community inspector who considers
that you are fishing in breach of paragraph 2a ) or b )     above you
must cease such fishing at the request of the inspector .
 ---pagebreak---                       7
                                      - 15 -
                                   (Amex VI )
 COMMENTS AND OBSERVATIONS
17 .  Documents Inspected following an apparent infringement
18 .  Comments .
19 .  Subjects of photographs taken relating to an apparent infringement
20 .  Other comments , statements and / or observations by Inspector(s )
21 .  Statements of Second Inspector or Witness
      . . ♦• • •
22 .  Name and Signature of Second Inspector or Witness
23 .  Signature of Inspector in charge .
24 .  Statement of Master 's Witness(es ) .    .
25 .  Name and Signature of Master 's Witness(es )
26 .  Acknowledgement and receipt of report :
     I , the undersigned , Master of the vessel . .f hereby confirm that a
     copy of this report and second photographs taken have been delivered to me on this
     date . My signature does not constitute acceptance of any part of the contents of
     the report
     Date .                                      Signature . . .
27 . Comments and signature by the Master of vessel .
     COPY TO MASTER , ORIGINAL TO BE RETAINED BY INSPECTOR FOR REQUIRED DISTRIBUTION
 ---pagebreak---                                ( Annex vl )
Measurement of fish for scientific purposes - Fish size ( length ) in millimeters
Species name        3-Alpha           No . of Individual     Average Size
                      Code                 samples            ( length)
                                                    i
 ---pagebreak---                                                     1
                                  7.
                                                      ANNEX    VII
                                  COMMISSION OF THE EUROPEAN COMMUNITIES
                         INTERIM AUTONOMOUS SCHEME OF CONTROL IN RESPECT _OF
                             COMMUNITY VESSELS IN THE NAFO REGULATORY AREA
                                              INSPECTION QUESTIONNAIRE
1.   I am an inspector under the Scheme . Here is my document of identity .    I would like co inspect your/
     nets / other fishing gear / catch /documents .
2.   I should like to see the master of this vessel .
3.   Please give me your name .
4.   Please cooperate with me in the examination of your/catch/equlpment/documents in accordance with the
     relevant measures .
5.   Please check your position and time now .
6.   I am reporting your position as . ° lat . * long at . .                            GMT . Do you agree?
7.   Would you like to check your position with my instruments on board the inspection vessel ?
                                                                       Щ
8 . Do you now agree ?                                                   t
9 . Please show me/ the documents establishing the nationality of your vessel/ the registration documents/
     the bridge logbook/ the fishing logbook(s) .
10 . Please write down the name and address of the owners of this vessel in the space I am indicating on
     the Report Form .
11 . What principal species are you fishing for?
12 . Are you flshlng for réduction purposes ?
13 . I agree .
14 . Yes .
15 . I do not agree .
16 . No .
17 . Please cake me to/ the bridge/ the working deck/ the processing area/fish holds .
18 . Do you use any net attachment? If so , what type ? Please write it down in the space I am Indicating .
19 . Please switch on these lights .
20 . I wish to examine that net/chafing gear .
21 . Show me the other fishing gear you have on or near the fishing deck .
22 . Show me your net gauge , if an . .
23 . Ask your men to hold that net so that I can measure it .                                 '
24 . Please put that net underwater for ten minutes .
25 . I have inspected . . meshes in this net .
26 . Check that I have recorded accurately on the Report Form in the space I am indicating the width of
     the meshes I have measured .
 ---pagebreak---                                                 ‘2(3 _
                                            ( Annex VII )
 27 . I wish to Inspect your cacch .  Have you finished sorcing Che fish ?
 28 . Will you please lay out Chose fish ?
 29 . I wish co estimate the proportion of regulated species in your catch .
30 . Please turn to the copy of the Inspection Form in your language and supply me with the necessary
      information to complete it . I will indicate which sections .
31 . If you do not give your coopération as I liave reqitested , I will report your refusai to your
       authorities .
32 . I have found the average width of the meshes I have measured in thac net is . mm .         This appears
       to be below the minimum applicable mesh size , and will be reported co your authorities .
33 . I have found net attachments / other fishing gear /which appear to be illegal .  This will be reported
      to your authorities .
34 . I shall now affix the identification mark to chis piece of fishing gear which is to be preserved with
      the mark attached until viewed by a Community inspector at hi s demand.
35 . I have found . undersized fish . I shall report this to your authorities .
36 . I find that you are apparently fishing in this area/during a closed season /with gear not permitted /
      for stocks or species not permitted . This will be reported to your authorities .
37 . I have found a by-catch of pegulated species which appears to be above the permitted amounts .     I shall
      report this to your authorities
38 . I have made copies of the following entry / entries / in this document . Please sign them to certify that
      they are true copies .
39 . I would like to communicate with the designated authority of the EEC . Please arrange for
      this message to be sent and for any answer to be received.
40 . Do you wish to make any observations concerning this inspection including its conduct and chat of the
      inspector(s )? If so , please do so in the space I am indicating on the Report Form on which I have set
      out my findings . Please sign Che observations . Do you have any witnesses who wish to make observa¬
      tions ? If so , they may do so in the space I am indicating on the Report Form .
41 . I am leaving .   Thank you .
 ---pagebreak---             Carpetitiveness and employment impact statements
This proposal is intended to improve the scheme of control in respect
of Community vessels fishing in the international waters of the
North-West Atlantic Which was in force until 25 June 1987 .  Hie scheme
of control is aimed at conserving resources for the benefit of all
enterprises fishing on those resources and is drafted so as to ensure
the minimum inconvenience to such enterprises compatible with control .