CELEX: 31987R3251
Language: en
Date: 1987-10-19
Title: Council Regulation (EEC) No 3251/87 of 19 October 1987 establishing an interim autonomous scheme of control in respect of Community vessels operating in the Regulation Area of the North-West Atlantic Fisheries Organization (NAFO)

4 . 11 . 87                                  Official Journal of the European Communities                                No L 314 / 1
                                                                      I
                                                  (Acts whose publication is obligatory)
                                             COUNCIL REGULATION ( EEC ) No 3251 / 87
                                                           of 19 October 1987
                        establishing an interim autonomous scheme of control in respect of Community vessels
                           operating in the Regulatory Area of the North-West Atlantic Fisheries Organization
                                                                  ( NAFO )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               Area can be inspected by any inspector assigned by a Member
                                                                        State or by the Commission ;
Having regard to the Treaty establishing the European
                                                                        Whereas the conservation of resources will be promoted
Economic Community ,
                                                                        if there is provision under the Community's interim
                                                                        autonomous scheme of control for mutual inspection of
Having regard to Council Regulation ( EEC ) No 170 / 83 of              fishing vessels by the Contracting Parties to the Convention ;
25 January 1983 establishing a Community system for the                 whereas this mutual inspection extends , with respect to
conservation and management of fishery resources ( 1 ) , and in         Community vessels in the Regulatory Area , to the
particular Article 11 thereof,                                          compliance with Community measures adopted in
                                                                         accordance with or in relation to measures proposed by the
                                                                        NAFO Fisheries Commission ;
Having regard to the proposal from the Commission ,
                                                                        Whereas this interim autonomous scheme of control applies
Whereas , pursuant to Article 10 of Regulation ( EEC ) No               without prejudice to the obligations of the Member States
 170 / 83 , it is for the Council to adopt supervisory measures          under Article 1 of Council Regulation ( EEC ) No
in order to ensure compliance with the measures taken in                 2241 / 87 ( 3 ), to control and monitor Community vessels
the interests of the conservation and management of fish                which have fished in the Regulatory Area ,
 stocks ;
                                                                         HAS ADOPTED THIS REGULATION :
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                                             TITLE I
 international enforcement ( 2 ) provides for a scheme of
 control in the NAFO Regulatory Area ;                                                          Definitions and Scope
Whereas the Community gave notice on 26 June 1986 of its
 intention not to be bound by the scheme of joint international                                          Article 1
 enforcement from 12 months thence and it is therefore
 appropriate to revoke Regulation 579 / 80 ;                             In this Regulation the following expressions shall have the
                                                                         following meanings :
Whereas in this situation and taking account of the                      ' Scheme' — the interim autonomous scheme of control in
 Community's commitment to control its fishing activities in             respect of Community vessels operating in the Regulatory
 the Regulatory Area in the interest of the conservation of              Area of the North-West Atlantic Fisheries Organization
 resources it is necessary to provide for an interim                     established by this Regulation ;
 autonomous scheme of control of Community fishing vessels
 in that area ;                                                          'Community inspector' — an inspector assigned by the
                                                                         Commission or a Member State and appointed to the
                                                                         Scheme ;
 Whereas there will be a more efficient use of control
 resources if Community fishing vessels in the Regulatory                'Community vessel' — a vessel flying the flag of or registered
                                                                         in a Member State ;
 (!) OJ No L 24 , 27 . 1 . 1983 , p . 1 .
 ( 2 ) OJ No L 63 , 8 . 3 . 1980 , p . 1 .                                ( 3 ) OJ No L 207 , 29 . 7 . 1987 , p. 1 .
 ---pagebreak--- No L 314 / 2                                   Official Journal of the European Communities                                      4 . 11 . 87
'Convention' — the Convention on Future Multilateral                      3.       Community inspectors shall be entitled to inspect in
Cooperation in the North-West Atlantic fisheries approved                 addition for compliance with any other Community
by Regulation ( EEC ) No 3179 / 78 ( J );                                 conservation or control measure applying to those vessels in
                                                                          the Regulatory Area .
'Contracting Party' — a Contracting Party to the Convention
other than the Community ;                                                4.       Inspectors assigned by a Member State or a
'Fisheries Commission' — the Commission defined by Article                Contracting Party shall remain under the operational control
XI of the Convention ;                                                    of and shall be responsible to that Member State or
                                                                          Contracting Party .
'Flag State' — The Member State whose flag is flown by a
Community vessel or in which it is registered ;
 'Regulatory Area' — the area defined by Article I ( 2 ) of the
 Convention .
                                                                                                        TITLE III
                                 Article 2                                Special provisions applying in the case of inspectors and
                                                                                inspection vessels assigned by a Contracting Party
 The Scheme shall apply to the following Community
 vessels :
                                                                                                        Article 4
 ( a ) fishing vessels which are or have been engaged in fishing
         operations in the Regulatory Area ;
                                                                           In the case of inspectors and inspection vessels assigned by a
 ( b ) vessels equipped for processing fish on board , which are           Contracting Party the following provisions shall apply:
         or have been engaged in fish transferring operations in
         the Regulatory Area ; and                                         1 . The Commission may appoint to the Scheme inspectors
                                                                                assigned by a Contracting Party provided it considers
 ( c ) transport vessels which are engaged in fish transferring                 that that Contracting Party :
         operations .
                                                                                ( a ) has made the appropriate legal and administrative
                                                                                      arrangements to permit inspections of its own
                                                                                      vessels operating as specified in Article 2 by
                                                                                      Community inspectors appointed to the Scheme ;
                                                                                      and
                                 TITLE II
                                                                                ( b ) will comply with the relevant provisions of this
              Appointment and Functions of Inspectors                                 Regulation .
                            under the Scheme
                                                                           2 . To ensure objectivity in the inspections and fairness in
                                                                                their distribution between vessels of the Contracting
                                                                                Parties and Community vessels , the ratio between the
                                 Article 3                                      number of Community vessels and the total number of
                                                                                vessels inspected by the inspection vessels , as defined in
  1.       The Commission shall appoint inspectors under the                    Annex I ( 2 ), of the Contracting Party referred to in
  Scheme . The inspectors may be Community inspectors or                        point 1 of this Article shall as far as possible reflect the
  inspectors assigned by a Contracting Party .                                  ratio of fishing activity by Community vessels to the total
                                                                                fishing activity in the Regulatory Area , measured on the
  2.       Inspectors shall be entitled to inspect in the Regulatory            basis of, inter alia, the level of catches and days on
  Area Community vessels to which the Scheme applies for                        ground .
  compliance with :
                                                                           3 . The Contracting Party referred to in point 1 shall provide
  ( a ) Regulation ( EEC ) No 2622 / 79 ( 2 );                                  the Commission every 10 days with a list of vessels ,
                                                                                whether or not Community vessels , inspected in the
  ( b ) Articles 5 to 8 of Council Regulation ( EEC ) No                         Regulatory Area .
         2241 / 87 and the detailed rules for applying these
         Articles ;                                                        4 . The Commission shall revoke the appointment of
                                                                                 inspectors of a Contracting Party if it considers that the
  ( c) Articles 1 ( 2 ) and 2 of Council Regulation ( EEC )
                                                                                provisions of this Regulation have not been complied
         No 500 / 87 ( 3 ); and
                                                                                 with by the Contracting Party or by inspectors assigned
  ( d ) Community measures pursuant to Article 11 ( 3 ) of                       by the Contracting Party .
          Regulation ( EEC ) No 2241 / 87 halting fishing on the
         exhaustion of the quota , allocation or share available to
                                                                            5 . If an inspector of a Contracting Party is appointed to the
                                                                                 Scheme , the Commission shall designate an authority
         the Community .
                                                                                 authorized , to receive immediate notice of apparent
  (>) OJ No L 378 , 30 . 12 . 1978 , p. 1 .                                      infringements ( hereinafter referred to as 'the designated
  ( 2 ) OJ No L 303 , 29 . 11 . 1979 , p. 1 .                                    authority') and the means by which the designated
  ( 3 ) OJ No L 51 , 20 . 2 . 1987 , p. 3 .                                      authority may receive and respond to communications.
 ---pagebreak--- 4 . 11 . 87                               Official Journal of the European Communities                             No L 314 / 3
     The Commission shall immediately advise the relevant                                      TITLE V
     Member State of the contents of such a notice .
                                                                       Terms and conditions of inspections under the Scheme
6 . In the case of an apparent infringement discovered by an
     inspector of a Contracting Party , the Contracting Party
     shall :
                                                                                              Article 6
     ( a ) communicate in writing the details of the apparent
           infringement to the designated authority within the       Inspections shall be carried out upon the terms and
           working day following the inspection whenever             conditions set out in Annexes II to VII .
           possible ;
     ( b ) 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 .                                            TITLE VI
7 . In the case of other inspection reports , the original                                General Provisions
     shall be transmitted by the Contracting Party to the
     Commission within 30 days whenever possible .
                                                                                               Article 7
                             TITLE IV
                                                                     Council Regulation ( EEC ) No 579 / 80 is hereby revoked .
             Member States' duties under the Scheme
                                                                                               Article 8
                             Article 5
                                                                     This Regulation shall enter into force on the third day
Member States shall comply with the provisions of                    following its publication in the Official Journal of the
Annex I.                                                             European Communities .
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States .
                    Done at Luxembourg , 19 October 1987 .
                                                                                           For the Council
                                                                                            The President
                                                                                             L. T0RNj£S
 ---pagebreak--- No L 314 / 4                                  Official Journal of the European Communities                                                4 . 11 . 87
                                                                      ANNEX I
                                            PROVISIONS APPLYING TO THE MEMBER STATES
             1 . A Member State which has at any one time more than 15 vessels engaged in fishing operations or in the
                 processing or transferring of fish in the Regulatory Area shall assign to the Scheme an inspector for at least that
                 time .
             2 . Member States shall notify the Commission by 1 November each year of
                 ( a ) 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
                 ( b ) the names of the inspectors and 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 Commission may be placed on board any inspection vessel .
             4 . ( a ) 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 flag State a copy of the inspection report with
                        supporting documentation , including second photographs .
                 ( b ) 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 comply with his directions shall be treated by the flag State as if the
                  inspector were an inspector of that State .
             7 . Member States shall consider and act on reports from inspectors under the Scheme on the same basis as reports
                  from their own inspectors . 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 ow n country . Member States shall collaborate in order to facilitate judicial or other proceedings
                  arising from a report submitted by an inspector under the Scheme .
             8 . In addition to complying with the obligation under Article 4 of Regulation ( EEC ) No 2241 / 87 , Member States
                  shall report to the Commission by 1 March each year for the previous calendar year :
                  ( a ) the number of inspections carried out 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 apparent infringement , the date and
                         position of the named vessel and the nature of the apparent 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--- 4 . 11 . 87                                   Official Journal of the European Communities                                                  No L 314 / 5
                                                                    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 Community
                  vessel . The Commission 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 , inspection vessels and helicopters during their respective 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 the Contracting Party which has assigned them .
             3 . Any vessel or helicopter assigned to the Scheme and carrying an inspector shall display the following signals to
                  indicate that the inspector is carrying 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 restricted 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 90 flashes every minute ;
                  ( c ) the boarding craft shall display one inspection pennant as shown in Annex IV .
             4 . The master of a Community 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 metres overall , a boarding ladder constructed and used as described in Annex II
                         to Commission Regulation ( EEC ) No 1382 / 87 of 20 May 1987 establishing detailed rules concerning
                         the inspection of fishing vessels (');
                   ( b ) such assistance to boardings from helicopters as specified or qualified in Annex V.
                   In either case , the master shall observe the ordinary practice of good seamanship to enable an inspection party
                   to board as soon as practicable .
              5 . The procedures established for personnel helicopter hoist transfers shall not place a higher duty of care upon
                   the master of a 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 inspectors shall not carry arms .
              7 . The vessel in charge of a pair trawling operation shall be required to identify 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 . E xcept 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 ( 2 ) or ( 3 ), as the
                   case may be . The inspection shall be carried out using the inspection report 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 assistance he deems useful . 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 copy of the
                   report shall be given to the master of the vessel .
              9 . An inspector observing a failure of a Community vessel to enable an inspection party to board after being
                   properly 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 . Furthermore , an inspector assigned by a Contracting Party shall report the apparent infringement
                    as soon as possible to any Community inspector known to be in the vicinity or to the designated
                   authority .
            (') OJ No L 132 , 21 . 5 . 1987 , p. 11
 ---pagebreak--- No L 314 / 6                                       Official Journal of the European Communities                                                 4 . 11 . 87
             10 . ( a ) 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 Commission's or
                            Community Regulations coming 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 20 % .
                    ( b ) 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 Commission's measures and any Community measures
                    coming within his purview an inspector has the authority subject to paragraph 10 ( b ) 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 Commission pursuant to Article 4 ( 6 ). In the case of an inspection by an inspector
                           assigned by a Contracting Party the Commission shall be responsible for informing the Member State
                           concerned of the report provided pursuant to Article 4 ( 6 ).
             12 . ( a ) Where an inspector finds an apparent infringement of:
                               ( i ) Regulation ( EEC ) No 2622 / 79 ; or
                             ( ii ) Community measures pursuant to Article 11 ( 3 ) of Regulation ( EEC ) No 2241 / 87 halting fishing on
                                     the exhaustion of the quota , allocation or share available to the Community ,
                             the appropriate following provisions of this paragraph shall apply ;
                     ( b ) An inspector assigned by a Contracting Party shall , with a view to facilitating action by the Community
                             on the apparent infringement , immediately attempt to communicate with a Community inspector
                             known to be in the vicinity or the designated authority ;
                     (c ) This subparagraph applies 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 subparagraph ( a ) ( i ) and ( ii ). 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 .
                      ( d ) This subparagraph applies 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 subparagraph ( a ) ( i ) and ( ii ).
              1 3 . 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 Commission's measures or any Community Regulations coming within
                      the inspector's purview . An idenfication 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 Community 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 identification 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---                                                                                                                                                             4 - 11 . 87
       Signature
                                                           Pennant
                                  Photograph
       of bearer
                                                                                                                                                        Official
                               COMMISSION OF THE
                             EUROPEAN COMMUNITIES
                             The bearer of this document
                                 ( NAME IN CAPITALS)
                                                                       ( not smaller than 8,5
                                                                                                                                   ANNEX III
                                                                          cm
is an inspector duly appointed under the terms of the Interim             x
Autonomous Scheme of Control in respect of Community vessels
operating in the Regulatory Area of the Northwest Atlantic Fisheries
Organization .                                                         5,5 cm )
                                                                                                INSPECTOR'S DOCUMENT OF IDENTITY
Issued by
                                                                                                                                               Journal of the European Communities
                                               Signature
                   For the Commission of the European Communities
DURATION OF ASSIGNMENT:
No .
                                                                                                                                                No L 314 / 7
 ---pagebreak--- No L 314 / 8 Official Journal of the European Communities 4 . 11 . 87
                               ANNEX IV
                         INSPECTION PENNANT
 ---pagebreak--- 4 . 11 . 87                                      Official Journal of the European Communities                                                No L 314 / 9
                                                                          ANNEX V
                                                         HELICOPTER HOIST PROCEDURE
            1 . The captain 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 .
            2 . 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 ;
                   ( ii ) Alter course and speed if requested and if free to do so ;
                 ( iii ) Maintain a steady course and speed throughout the transfer operation unless the safety of the vessel is in
                            jeopardy ;
                 ( iv ) 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 only . 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 .
            3 . The helicopter displaying its inspection pennant shall communicate to the vessel the intention to conduct a
                 boarding :
                     ( i) by radio communications on 2 182 KHZ , VHF-FM Channel 16 or other agreed frequencies ;
                   (ii ) 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 4 .
            4.        ( 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
                            Used by:                    Situation :                        Meaning:
                           Either                       Before transfer                    Ready to conduct transfer ;
                           Vessel                       Before transfer                    Desire transfer from this position ;
                           Helicopter                   After dropping                     T ake up the slack on the guide line ;
                                                        the guide line
                                                        After taking up the                Pull in gently on the guide line ;
                                                        slack on the guide line
                           Either                       At any time                        Affirmative response .
                  ( iii ) 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                     Ease the tension on the guide line ;
                                                        the guide line
                                                        After easing the tension           Release the guide line ;
                                                        on the guide line
                            Either                      At any time                        Negative response .
 ---pagebreak--- No L 314 / 10                                     Official Journal of the European Communities                                              4 . 11 . 87
             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 inadequate clear space for
                          a transfer or there are too many obstructions ;
                  ( ii ) 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 :
                 ( iii ) 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           The display of the inspection pennant indicates
                                        going to board you                             the presence of an authorized inspection team in
                                                                                       the helicopter
                 MG                     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 transfer ( used with BB signal )
                 BB1-RQ                 May I alight on your deck ; are you
                                        ready to receive me forward ?
                                                                                       Used in conjunction with signal AZ to indicate
                  BB2-RQ                May I alight on your deck ; are you
                                                                                       helicopter will not alight but will conduct a
                                        ready to receive me amidships ?                hoist transfer in the area indicated
                  BB3-RQ                May I alight on your deck ; are you
                                        ready to receive me aft ?
                  K                     I wish to communicate with you by
                                        ( extracts from IMO Table 1 )
                                        6 . . . International Code Flags
                                        8 . . . Radiotelephony 2 182 KHZ
                                        9 . . . VHF Radiotelephony Channel
                                         16
                  YX                    I wish to communicate by radio­
                                        telephony 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 indicated )
 ---pagebreak--- 4 . 11 . 87                                Official Journal of the European Communities                                        No L 314 / 11
                                                                  ANNEX VI
                                        COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          REPORT OF INSPECTION
                                           ( Inspector : Please use CAPITAL BLOCK 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 available 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 following 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 .
            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 :
                  Latitude                       Longitude
                  ( a ) Equipment used in determining position
              8 . Position as determined by fishing vessel's master at             GMT :
                  Latitude                        Longitude
                  ( 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 .                                                                       1st 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--- No L 314 / 12                                Official Journal of the European Communities                                                   4 . 11 . 87
             MESH MEASUREMENT — IN MILLIMETERS
             11 . Codend ( inclusive of lengthener(s ), if any ) — Samples of 20 meshes
                                                           Width ( Mesh Size )                                       Average          Legal
                                                                                                                      width            size
                   1st net
                   2nd net
                   3rd net
                   Chafer-Samples of              meshes
                   1st net
                   2nd net ;
                   3rd net
                   Rest of net — Samples of 20 meshes
                   1st net
                   2nd net '
                   3rd net j
             12 . If the master of the fishing vessel does not agree with any of the above measurements he should insert below his
                   own measurements and / or his own comments .
                                                                                                                         Average width
                   Comments :
                   Master's signature :
              13 . Have the records of catches been retained aboard for the duration of the quota period ?
                   YES / NO
             RESULT OE INSPEC TION OF FISH ON BOARD
              14 . Result of inspection of fish observed in last tow ( if appropriate )
                         Total                                                                      Percentage
                        Tonnes                          All species taken                            of each          Percentage discarded
                                                                               Total catch
              15 . Result of inspection of fish in hold(s )
                       Fish species               How                    How       ^ubic capacity /         Conversion          Inspectors
                           with                                                      No of units ,                               estimate
                      3-Alpha code              processed               stored
                                                                                     blocks , etc .
                                                                                                               factor
                                                                                                                                 ( tonnes )
 ---pagebreak--- 4 . 11 . 87                                      Official Journal of the European Communities                                    No L 314 / 13
            16 . 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 :
                                           Fish species with                        Daily                             Cumulative
                               Date                            Quota region                        Disposition
                                             3-Alpha code                           total                               weight
            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 21 . 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 .
            17 .        Nature of infringement :
                                                                     Signature of inspector :
                                                                     Signature of master :
                  If an apparent infringement has been found , the inspector may:
                  ( a ) examine and photograph the fishing vessel's gear , catch , logbooks or other relevant documents ;
                  ( b ) ask you to cease fishing if the apparent infringement consists of
                          ( i ) fishing in breach of the technical measures in Council Regulation ( EEC ) No 2622 / 79 ; or
                        ( ii ) fishing in breach of a Community measure pursuant to Article 11 ( 3 ) of Regulation (EEC )
                                No 2241 / 87 halting fishing on the exhaustion of the quota , allocation or share available to the
                                Community .
                  Before asking you to 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 ( b ) ( i ) or ( ii ) above you must cease such fishing at the request of the inspector .
 ---pagebreak--- No L 314 / 14                                Official Journal of the European Communities                                        4 . 11 . 87
             COMMENTS AND OBSERVATIONS
             18 . Documents inspected following an apparent infringement
             19 .  Comments
             20 . Subjects of photographs taken relating to an apparent infringement             k.
             21 . Other comments , statements and / or observations by inspector(s )
             22 . Statements of second inspector or witness
             23 . Name and signature of second inspector or witness
             24 . Signature of inspector in charge
             25 . Statement of master's witness(es )
             26 . Name and signature of master's witness(es )
              27 . Acknowledgement and receipt of report :
                   I , the undersigned , master of the vessel                                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
              28 . Comments and signature by the master of vessel
                   Copy to master , original to be retained by inspector for required distribution .
              29 . Measurement of fish for scientific purposes — Fish size ( length ) in millimetres
                                                                    3-Alpha          No of individual         Average size
                                     Species name                     code               samples                (length )
 ---pagebreak--- 4 . 11 . 87                                  Official Journal of the European Communities                                        No L 314 / 15
                                                                  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 to 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 / equipment / documents in accordance with the
                  relevant measures .
              5 . Please check your position and time now .
              6 . I am reporting your position as             ° latitude       0 longitude at           GMT . Do you agree ?
              7 . Would you like to check your position with my instruments on board the inspection vessel ?
              8 . Do you now agree ?
              9 . Please show me the documents establishing the nationality of your vessel / the registration documents / the
                   bridge log-book / the fishing log-book(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 fishing for reduction purposes ?
             13 . I agree .
             14 .  Yes .
             15 . I do not agree .
             16 .  No .
             17 . Please take 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 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 any .
             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 .
             27 . I wish to inspect your catch . Have you finished sorting the fish ?
             28 . Will you please lay out those fish ?
             29 . I wish to 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 cooperation as I have requested , I will report your refusal to your authorities .
             32 . I have found the average width of the meshes I have measured in that net is ... . mm . This appears to be
                   below the minimum applicable mesh size , and will be reported to your authorities .
 ---pagebreak--- No L 314 / 16                                 Official Journal of the European Communities                                           4 . 11 . 87
             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 this piece of fishing gear which is to be preserved with the mark
                  attached until viewed by a Community inspector at his 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 regulated 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 that 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 the observations . Do you have any witnesses who wish to make observations ? If so , they
                  may do so in the space I am indicating on the Report Form .
             41 . I am leaving . Thank you .