CELEX: 51991PC0541
Language: en
Date: 1991-12-16
Title: Proposal for a COUNCIL REGULATION ( EEC ) amending Council Regulation ( EEC ) No 1956/88 of 9 June 1988 adopting provisions for the application of the Scheme of Joint International Inspection adopted by the Northwest Atlantic Fisheries Organization

COMMISSION OF THE EUROPEAN COMMUNITIES
                                         C0M(91) 541 final
                                         Brussels, 16 December 1991
                              Proposal for a
                         ÇQUNÇll REGULATION (EEC)
   amending Council Regulation (BBC) No 1956/88 of 9 June 1988 adopting
   provisions for the application of the Scheme of Joint International
    Inspection adopted by the Northwest Atlantic Fisheries Organization
                      (presented by the Commission)
 ---pagebreak---                                        1-
                             EXPLANATORY MEMORANDUM
The Community participates in the Scheme of Joint International Enforcement
of the Northwest Atlantic Fisheries Organization (NAFO) in respect of fishing
activities in the Northwest Atlantic area.      This Scheme, which has been in
operation since 1988, provides inter alia for reciprocal rights of boarding
and inspection by the Contracting Parties and for Flag State prosecution on
the basis of the results of the inspection.
With a view to improving the functioning of the said scheme, the Fisheries
Commission  of NAFO   adopted   certain proposals   at  its  1 3 t h Annual Meeting
held  in  Dartmouth,  Canada   on  13 September  1991.   These    proposals, which
extend the enforcement scheme to include aerial surveillance, are acceptable
to the Community.   The purpose of this proposal is therefore to apply the new
NAFO  Scheme  of  Joint   International   Inspection   and  Surveillance    in  the
Community and to make certain other necessary related provisions.
Council Regulation (EEC) No 1956/88 of 9 June 1988 is to be amended in order
to incorporate the new NAFO Scheme.
 ---pagebreak---                                          - / -
                                      PROPOSAL
                                         for a
                            COUNCIL REGULATION (EEC) No         of
     amending Council Regulation (EEC) No 1956/88 of 9 June 1988 adopting
     provisions for the application of the Scheme of Joint International
      Inspection adopted by the Northwest Atlantic Fisheries Organization
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having   regard   to  Council   Regulation    (EEC) No   170/83  of   25 January 1983
establishing    a Community    system   for the    conservation   and  management  of
fishery resources(*), and in particular Article 11 thereof,
Having regard to the proposal from the Commission^) „
Whereas   Council    Regulation   (EEC)   No   1956/88  of   9 June 1988   concerning
provisions    for   the  application    of   the   Scheme   of  Joint   International
Inspection   adopted    by  the   Northwest    Atlantic   Fisheries   Organization^3)
implements the Scheme of Joint International Inspection adopted by the NAFO
Fisheries Commission on 10 February 1988,
Whereas the NAFO Fisheries Commission adopted on 13 September 1991 a proposal
for a modified scheme, now to be entitled "Scheme of Joint              International
Inspection and Surveillance"; whereas pursuant to Article XI of the NAFO
Convention, the proposal will, in the absence of objections, become a measure
binding upon Contracting Parties with effect from 2.6 November 1991; whereas
the modified scheme is acceptable to the Community,
Whereas provision should be made for adopting detailed rules for implementing
the modified scheme,
(1) O.J. No L 24 of 27.01.1983, p.        1
(2)
(3) O.J. No L 175 of 06.07.1988, p.       1
                                                                           ./.
 ---pagebreak---                                     -?  -
                                     ?
HAS ADOPTED THIS REGULATION:
                                  Article 1
Council Regulation (EEC) No 1956/88 is hereby amended as follows:
1.    Article 1 is replaced by the following:
      "The Scheme of Joint International Inspection and Surveillance, adopted
      by the NAFO Fisheries Commission on 13 September 1991, hereinafter
      referred to as 'the Scheme', shall apply in the Community."
      The text of the modified Scheme is attached to this Regulation.
2.    Article 2.1 is replaced by the following:
      "The Commission of the European Communities shall assign Community
      inspectors to the Scheme. The inspectors may be appointed by the
      Commission or by a Member State. A Community inspector may be placed
      on board any Member State vessel or aircraft engaged or about to be
      engaged in inspection or surveillance duties in the NAFO Regulatory
      Area."
                                  Article 2
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
Done at Brussels,             1991
                                                 For the Council,
                                                 The President
 ---pagebreak---          SCHEME OF JOINT INTERNATIONAL INSPECTION AMD SURVEILLANCE
1. (i)    Control and surveillance shall be carried out by inspectors of the
          fishery control services of the Contracting Parties following
          their assignment to the Scheme of Joint International Inspection
          and surveillance, hereinafter referred to as "the scheme".
   (ii)   The appropriate authorities of the Contracting Parties shall
          notify the Executive Secretary by November 1 each year of the
          names of the inspectors and special inspection vessels (which term
          includes fishing vessels carrying inspectors) and the type and
          call sign of the helicopters or other aircraft which they are
          assigning to the scheme in accordance with paragraph 13 of the
          scheme.
          Modification by Contracting Parties to such notifications shall be
          communicated to the Executive Secretary with two months notice
          whenever possible.
   (iii)  Following notification to the Executive Secretary, and in the case
          of mutual agreement between the respective Contracting Parties,
          inspectors assigned by one Party may be placed on board the
          special inspection vessels or aircraft of another Party assigned
          to the scheme.
   (iv)   On receipt of the notification of assignment to the scheme from
          the Contracting Party, the Executive Secretary shall issue a
          document of identity, as shown in Annex I, to the respective
          authority for each inspector of that Party. This document shall
          be numbered. Each inspector shall carry and produce this document
          of identity upon boarding a vessel.
   (v)    Special inspection vessels and aircraft shall immediately notify
          the Executive Secretary by radio/telex, facsimile or other
          communication of the date and time of commencing their duties
          under the scheme. All inspectors on board shall be assumed to be
          NAFO inspectors.
   (vi)   Between the times of commencing and terminating their duties under
          the scheme inspectors and special inspection vessels and aircraft
          may not, with respect to vessels and aircraft under the
          jurisdiction of other Contracting Parties, enforce laws and
          regulations related to the zone of the Contracting Party which has
          assigned them.
   (vii)  Special inspection vessels and aircraft shall immediately notify
          the Executive Secretary by radio/telex of the date and time of
          terminating their duties under the scheme.
                                                                   ./.
 ---pagebreak---    (viii)  In each case, the times referred to in subparagraph (vi) above
           shall be entered in the aircraft•s or ship's log or its
           equivalent. The times stated in these entries, shall constitute
           the times applicable to subparagraph (vi) above. In cases where
           communication of the notifications is not possible or practicable,
           these entries shall constitute fulfillment of the obligations
           under subparagraphs (v) and (vii).
   (ix)    The Executive Secretary shall circulate the substance of the
           notifications received from any Contracting Party for the purposes
           of the scheme, to all members of the Fisheries Commission,
           hereinafter referred to as "the Commission" within 15 days of
           receipt.
2. (i)     In its inspections a Contracting Party shall aim at ensuring equal
           treatment between all Contracting Parties with vessels operating
           in the Regulatory Area through an equitable distribution of
           inspections.
   (ii)    To ensure objectivity in the realization and distribution of
           inspections between the Contracting Parties, the number of
           inspections carried out by the vessels of a Contracting Party on
           vessels of any other Contracting Party shall, as far as possible,
           reflect the ratio of the inspected Party's fishing activity 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. Appropriate authorities of Contracting Parties shall notify the Executive
   Secretary of the names of the authorities designated to receive immediate
   notice of apparent infringements and the means by which they may receive
   and respond to communications.
   Where, at any time, more than 15 vessels of any one Contracting Party are
   engaged in fishing operations or in the processing or transferring of fish
   in the Regulatory Area, that Contracting Party shall, during that time,
   have an inspector or other designated authority present in the Regulatory
   Area, or other designated authority present in a country of a Contracting
   Party adjacent to the Convention Area, to receive and respond, without
   delay, to notice of apparent infringements.
4. (i)     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 inspections under the scheme:
            (a) during daylight hours, in conditions of normal visibility two
                inspection pennants as shown in Annex II, flown in a vertical
                line one above the other with distance between the two not
                exceeding one metre;
            (b) the boarding craft shall display one inspection pennant which
                is identical as shown in Annex II but which may be half-
                scale.
   (ii)    Surveillance Aircraft assigned to the scheme shall      have their
           international radio call sign clearly displayed.
 ---pagebreak--- 5. (i)   Inspection and control under the scheme applies in the Regulatory
         Area to the following 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 are or
              have been engaged in fish transferring operations in the
              Regulatory Area; and,
         (c)  transport vessels which     are  actually  engaged   in  fish
              transferring operations.
   (ii)  The master of a 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 nonetheless provide:
          (a) for vessels longer than 30 metres overall, a boarding ladder
              constructed and used as described in Annex III;
          (b) such assistance to boardings from helicopters as specified or
              as qualified in Annex IV.
         In either case, the master shall observe the ordinary practice of
         good seamanship to enable an inspection party to board as soon as
         practicable.
   (ill) 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.
   (iv)  An inspection party shall consist of at maximum, two inspectors
         assigned to the scheme. The use of arms in relation to the
         inspections is prohibited and, in particular, the inspectors shall
         not carry arms. Notwithstanding the provisions of this section,
         the principle of not carrying or using arms shall not be deemed to
         limit the performance of inspections by a Contracting Party of
         vessels flying its own flag.
   (v)   The vessel in charge of a pair of trawling operations shall be
         required to identify itself by flying a pennant or flag on the
         approach of an inspector.
6. (i)   Inspections shall be made so that the vessel, its activities and
         catch suffer the minimum interference and inconvenience. The
         duration of an inspection shall not exceed three hours, or until
         the net is hauled in and the net and catch are inspected,
         whichever is longer, but this time limitation shall not apply in
         the case of an apparent infringement.
 ---pagebreak---                          -é -
In the case of a difference between the recorded catches and the
estimates of the inspector of the catch on board the vessel, the
inspector may re-check calculations, procedures, the relevant
documentation used to determine the catch summaries from the
Regulatory Area and the catch on board the vessel; the inspector
shall then leave the vessel within one hour following the
completion of the original inspection.
An inspector shall limit his inquiries to the ascertainment of the
facts in relation to the observance of those Commission's measures
to which the Contracting Party for the inspected vessel has not
objected in accordance with Article XII of the Convention. The
inspection shall be carried out using the report of inspection
prescribed in Annex V.
As regards Section 15 of Annex V, notwithstanding any objection of
quotas made pursuant to Article XII of the Convention, inspectors
shall summarize from logbook records, for the current voyage, the
vessel's catch in the Regulatory Area by species and by division
and shall record this summary on the inspection form. The current
voyage shall be defined for this purpose as beginning when the
vessel enters the Regulatory Area, and ending when the vessel
leaves the Convention Area (which includes the ports bordering the
Convention Area) for a period greater than 20 consecutive days.
The current voyage shall not be considered to have ended as long
as the vessel has catch on board from the Regulatory Area.
In the case of a language difficulty, the inspector or the master
shall use, in the appropriate language, the appropriate part of
the questionnaire shown in Annex VI.
Contracting Parties may exercise, by letter to the Executive
Secretary, the option to have inspectors summarize from logbook
records for the quota period, instead of the current voyage, their
vessel's catch in the Regulatory Area by species and by division
and record this summary in Section 15 of the inspection form.
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
copy of the report shall be given to the master of the vessel.
The Contracting Party inspecting a vessel will communicate in
writing the details of an apparent infringement to the designated
authorities of the Contracting Party for the inspected vessel
within the working day following the inspection whenever possible.
The   Contracting   Parties   inspecting  vessels   will   provide
notification of a list of vessels inspected on a calendar monthly
basis to the designated authorities of the Contracting Parties of
the vessels inspected, via the office of the Executive Secretary.
 ---pagebreak---                                -i-
      In the case of an apparent infringement or a difference between
      recorded catches and the inspector's estimates of the catches on
      board,   a copy of the       inspection   report   with   supporting
      documentation, including second photographs taken, shall be
      transmitted as soon as possible to the responsible authorities of
      the Contracting Party for the inspected vessel, after the
      inspection vessel returns to port. In the case of other
      inspection reports, the original shall be transmitted within 30
      days whenever possible, to a designated authority of the
      Contracting Party for the inspected vessel. A copy of every
      inspection report shall also be forwarded to the Executive
      Secretary.
(ii)  Notwithstanding   any objection    to   quotas   made   pursuant  to
      Article XII of the Convention:
      (a)  inspectors shall have authority to inspect and measure all
           fishing gear on or near the working deck and readily
           available for use and to inspect and record estimates of the
           catch on and below decks in so far as such inspection and
           measurement are necessary to establish whether the vessel is
           complying with the Commission's measures;
       (b) fishing gear shall be     inspected   in  accordance   with the
           Commission's measures;
       (c) with regard to catches, correspondance between the logbook
           entries for the Regulatory Area and estimates of catches by
           species on board relating to these entries may be ascertained
           and differences between recorded catches and the inspector's
           estimate of the catches on board with percentages shall be
           recorded under Section 18 of the inspection report (Comments
           Section); and
       (d) inspectors may also ascertain that records for the duration
           of the quota period to the date of the inspection are aboard
           the vessel in accordance with the NAFO Conservation and
           Enforcement Measures Part I C (2) (b) (ill).
(ill) An inspector has the authority to examine catch, nets or other
      gear, and any relevant documents which the inspector deems
      necessary to verify the observance of the Commission's measures.
      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 enter and sign a notation 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;
 ---pagebreak---                               -tf  -
          the inspector shall have full opportunity to document the
          apparent infringement with photographs of the relevant
          fishing vessel's gear or catch, in which case a second
          photograph shall be given to the master of the vessel and
          attached to the report sent to an appropriate authority of
          the Contracting Party for the inspected vessel.
(iv) Where an inspector   finds an apparent   infringement  of measures
     prohibiting:
     (a)  fishing in a closed     area  or with  gear  prohibited in a
          specific area;
     (b)  fishing for stocks or species after the date on which the
          Contracting Party for the inspected vessel has notified the
          Executive Secretary that vessels of that party will cease a
          directed fishery for those stocks or species;
     and
     (c)  fishing on an "Others" quota without prior notification to
          the Executive Secretary, or more than seven working days
          after the Contracting Party for the inspected vessel has been
          notified by the Executive Secretary that fishing under an
          "Others" quota for that stock or species should cease;
     The inspector, to facilitate a Contracting Party action on the
     apparent infringement, shall immediately attempt to communicate
     with an inspector of the Contracting Party for the inspected
     vessel, known to be in the vicinity, or the authority designated
     in accordance with paragraph 3 above. 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.
     At the request of the inspector, a master shall cease all fishing
     which appears to the inspector to contravene the measures referred
     to in (a) to (c) above. During this time, the inspector shall
     complete the inspection and, if unable within a reasonable period
     of time to communicate with an inspector or designated authority
     of the Contracting Party for the inspected vessel, he shall leave
     the inspected vessel and communicate as soon as possible with one
     of them. However, if he succeeds in establishing communications
     while on board the inspected vessel, and provided that the
     inspector or designated authority of the Contracting Party for the
     inspected vessel agrees, the inspector may remain aboard. As long
     as the inspector remains aboard, the master may not resume fishing
     until the inspector is reasonably satisfied, as a result of either
     the action taken by the vessel's master or the inspector's
     communication with an inspector or designated authority of the
     Contracting Party for the inspected vessel, that the apparent
     infringement will not be repeated.
 ---pagebreak---                                      -f-
   (v)     The inspector in charge may request that the master remove any
           part of the fishing gear which appears to the inspector to
           contravene the Commission's measures. 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 an inspector or
           designated authority of the Contracting Party for the inspected
           vessel who shall determine the subsequent disposition of the gear.
   (vi)     An inspector may photograph the fishing   gear in such a way that
            the identification mark and measurements   of the fishing gear are
            visible and subjects photographed should  be listed in the report.
            A second photograph shall be given to the master of the vessel.
7. An appropriate authority of a Contracting Party notified of an apparent
   infringement committed by a vessel of that Party 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. An
   appropriate authority of the Contracting Party for the vessel concerned
   shall cooperate fully with the appropriate authority of the Contracting
   Party that designated the inspector to ensure that the evidence of the
   apparent infringement is prepared and preserved in a form which
   facilitates judicial action.
   The appropriate authority of a Contracting Party notified of differences
   between the recorded catches and the estimates of the inspector, shall
   whenever possible board the vessel involved and, in any event, cooperate
   with the NAFO inspectors to ensure that the evidence is prepared and
   preserved in a form which would facilitate any judicial action, and shall
   conduct any further investigation necessary to allow it to determine
   appropriate follow-up action.
8. An inspector observing a failure of a vessel to enable an inspection party
   to board after being properly signalled shall:
    (i)      report the apparent infringement as soon as possible to any
             inspector of the Contracting Party for the vessel concerned known
             to be in the vicinity or a designated authority of that
             Contracting Party;
    and,
    (ii)     prepare and forward to the Executive Secretary 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, sea state, wind and icing conditions.
9. For the purpose of the Scheme, "surveillance" shall be based on any
    sighting made by an inspector from an inspection vessel or aircraft
    assigned to the Scheme.
    (i)      When, as a result of surveillance an inspector observes a vessel
             of a Contracting Party, and where such observation does not
             correspond with the latest information available to the inspector
             as provided for by section C.2 of Part III of the Conservation and
             Enforcement Measures, the inspector shall complete Part I of the
 ---pagebreak---                                   -iO-
         Surveillance Report Form shown at Annex VII and shall photograph
         the vessel in support of his observations. Photographs taken
         should simultaneously record the position, date and time as shown
         by the surveillance craft's Instrumentation.
    (11) Not less than 72 hours following the recording of the observation
         in Part I of the Surveillance Report and on the basis of
         notifications received from the Contracting Party of the vessel
         concerned pursuant to (the hall system), the inspector shall
         complete Part II of the Surveillance Report.
    (Hi) The original of each surveillance report completed in accordance
         with 9(i) and (il) and any photographs shall be forwarded as soon
         as possible to the Contracting Party of the vessel concerned, or a
         designated authority of that Contracting Party. A copy of every
         surveillance report shall also be forwarded to the Executive
         Secretary.
    (iv) An appropriate authority of a Contracting Party shall, on receipt
         of a surveillance report concerning a vessel of that party, take
         prompt action to receive and consider the report and, whenever
         possible, board the vessel concerned, and conduct any further
         investigation necessary to allow it to determine appropriate
         follow-up action.
10.      Resistance to an inspector or failure to comply with his
         directions shall be treated by the Flag State of the vessel as if
         the inspector were an inspector of that State.
11.      Inspectors shall carry out their duties in accordance with the
         rules set out in the scheme, but they shall remain under the
         operational control of the authorities of their Contracting
         Parties and shall be responsible to them.
12.      Appropriate authorities of a Contracting Party shall consider and
         act on reports from inspectors of other Contracting Parties under
         the scheme on the same basis as reports from its own inspectors.
         The provisions of this paragraph shall not impose any obligation
         on the appropriate authorities of a Contracting Party to give the
         report from a foreign inspector a higher evidentiary value than it
         would possess in the inspector's own country. Appropriate
         authorities of Contracting Parties shall collaborate in order to
         facilitate judicial or other proceedings arising from a report
         submitted by the inspector under the scheme.
13.      Appropriate authorities of a Contracting Party shall inform the
         Executive Secretary by 1 November each year of the provisional
         plans for participation by its inspectors, vessels and helicopters
         and other aircraft in the scheme for the succeeding calendar year,
         and the Executive Secretary may make suggestions to the
         appropriate authorities of the Contracting Parties for the
         coordination of their operations in this field including the
         number of inspectors and the number of vessels, helicopters and
         other aircraft carrying inspectors.
 ---pagebreak---                                -M-
14.  Appropriate authorities of each Contracting Party shall report to
     the Executive Secretary by 1 March each year for the previous
     calendar year:
     (i)    the number of inspections conducted by it under the Scheme
            specifying the number of inspections on the vessels of each
            Contracting Party and, in the case of apparent infringement,
            the date and position of the inspection of the named vessel
            and the nature of the apparent infringement;
      (ii)  the disposition of apparent infringements notified to it by
            a Contracting Party. The apparent infringements shall be
            listed annually until the action is concluded under the laws
            of the Flag State, and any penalties imposed shall be
            described in specific terms;
      (ill) differences that they consider significant between records
            of catches in their Contracting Party's vessels' logbooks
            and inspectors' estimates of catches on board the vessels.
            The cases so identified as significant shall be listed
            annually until NAFO is informed of the actions taken in
            response, including any penalties imposed under the law of
            the Flag State. These penalties shall be described in
            specific terms;
      (iv)  the number of air hours flown on NAFO patrol, the number of
            sightings and the number of surveillance reports established
            with the date, time and position of the sightings in respect
            of these surveillance reports;
      (v)   the disposition of surveillance reports notified to it by a
            Contracting party. The surveillance reports shall be listed
            annually until follow-up action is concluded by the
            appropriate authorities. In cases where the follow-up
            action results in penal action any penalties imposed shall
            be described in specific terms.
 15.  (i)   In the event of a disagreement concerning the interpretation
            or application of the scheme, the concerned Contracting
N
            Parties shall consult in an attempt to resolve the
            disagreement.
      (ii)  If the disagreement remains unresolved        following the
            consultations, at the request of a Contracting Party the
            Executive Secretary shall refer the disagreement to a
            special meeting of the Standing Committee on International
            Control (STACTIC).
            A report on the disagreement shall be drawn up by STACTIC
            and provided to the Fisheries Commission within two months
            of the STACTIC meeting.
      (ill) On receipt of the STACTIC report, a Contracting Party may
            within a further period of two months request a special
            meeting of the Fisheries Commission to consider the report
            and to take appropriate action.
 ---pagebreak---    w
                      FISHERIES COMMISSION
                                 OF THE
        NORTHWEST ATLANTIC FISHERIES ORGANIZATION
                                                                      2   x
                     The bearer of this document
                          (NAME IN CAPITALS)                          r *         t
                                                                          c  ! "s
is an inspector duly appointed under the terms of the scheme of joint
                                                                             i 5
international inspection of the Fisheries Commission of the
Northwest Atlantic Fisheries Organization, and has authority to act    i  2
under the arrangements approved by the Commission.                     x   3
                                                                      '-* 5
Issued by                                                              2   Z
                                                                          d
                                                                          H
                                                                          •<
                      Signature (Executive Secretary)
                {CONTRACTING PARTY iN CAPITALS)
[DURATION OF ASSIGNMENT:
No
 ---pagebreak---                                                          •It-
N o I. 175/8                   Offici.il Journal of the Kuropcin Communities 6. 7. 88
                                                    4.VN7 X //
                                           INSPFCTION PKNNANTrs
                                                    BLACK
                        94 cm
         Not exceeding 1 metre
                       94 cm
 ---pagebreak---                                                                           -ih-
                                  Official Journal of the Furopean Communities                                                 No L 175/9
                                                         ANNEX III
                             CONSTRUCTION AND USE OF HOARDING LADDERS
  1. The boarding ladders •'hall be efficient for the purpose of enabling inspectors to embark and disembark at sea
      safely. The boarding ladders are to he kept clean and in good order.
  2. The ladder shall be secured in a position so that it is clear of any possible discharge from the ship, that each
      step rests firmly against the ship's side, that it is clear so far as practicable of thefinerlines of the ship and that
      the inspector can gain safe and convenient access to the ship.
  3. The steps of the boarding ladder shall be:
      (a) of hardwood or other inatenal of equivalent properties, made in one piece free of knots, having an
            efficient non-slip surface; the four lowest steps may be made of rubber of sufficient strength and stiffness
            or of other suitable material of equivalent characteristics;
      (b) not less than 480 mm long, 115 mm wide, and 25 mm in depth, excluding any non-slip device; and
      (c) equally spaced not less than 380 mm not more than 380 mm apart and may be secured in a manner that
           they will remain horizontal.
  4. No boarding ladder shall have more than two replacement steps which are secured in position by a method
      different from that used in the original const rua ion of the ladder and any steps so secured shall be replaced, as
      soon as reasonably practicable, by steps secured in position by the method used in the original construction of
      the ladder.
  5. The side ropes of the ladder shall consist of two uncovered manila or equival'"" • • • » not less than 60 mm in
      circumference on each side; each rope shall be continuous with no joint» '                 • ; top step; two man ropes
      properly secured to the ship and not less than 65 mm in circumference a                   ,y line shall be kept at hand,
      ready for use if required.
 6. Battens made of hardwood, or other material of equivalent properties, in one piece and not less than
      1,80 metres long, shall be provided at such intervals as will prevent the boarding ladder from twisting. The
     lowest batten shall be on the fifth step from the bottom of the ladder and the interval between any batten and
     the next shall not exceed nine steps.
 7. Means shall be provided to ensure safe and convenient passage onto or into and off the ship between the head
     of the pilot ladder or of any accomodation ladder or other applicance provided. Where such passage is by
     means of a gateway in the rails or bulwark, adequate handholds shall be provided. Where such passage is by
     means of a bulwark ladder, such ladder shall be securely attached to the bulwark rail or platform and two
     handhold stanchions shall be fitted at the point of boarding or leaving the ship not less than 0,70 metre nor
     more than 0,80 metre apart. Each stanchion shall be rigidly secured to the ship's structure at or near its base
     and also at a higher point, shall be not less than 40 mm in diameter and shall extend not less than 1,20 metres
     above the stop of the bulwark.
 8. Lighting shall be provided at night such that both the boarding ladder overside and also the position where the
     inspector boards the ship shall be adequately lit. A lifebuoy equipped with a self-igniting light shall be kept at
     hand, ready for use. A heaving line shall be kept at hand, ready for use if required.
 t.  Means shall be provided to enable the boarding ladder to be used on either side of the ship.
10. The rigging of the ladder and the embarkation and disembarkation of an inspector shall be supervised by a
     responsible officer of the ship.              %
11. Where on any ship constructional features such as rubbing bands would prevent the implementation of any of
     these provisions, special arrangements shall be made to the satisfaction of the Commission to ensure that
     pers-ms are Me to embark and disembark safely.
 ---pagebreak---                                                                        -1$- -
No L 175/10                                   Official Journal of the European Communities                                            6. 7. 88
                                                                     ANNEX IV
                                                       HELICOPTER MOIST 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 enure time such personnel arc attached to the
               helicopter via the hoist cable and the lifting device.
           2. The master of the vessel shall follow the procedures described b*'v>w 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) shall 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 l^ne to assist in the transfer of the inspeaion part)'. 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 inspeaion 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                   Take 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
                     Hither                        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);
                     Hither                        Before transfer                  Not ready to conduct transfer;
                     Vessel                        During transfer                  Request you stop the transfer;
                     I lelicopter                   After dropping                  Kasc the tension on the guide line;
                                                   the guide line
                                                   After easing the tension         Release the guide line;
                                                  on the guide line
                     I-itlier                      At any time                      Negative response.
 ---pagebreak---                                                                 -16-
                                  Official Journal of the European Communities                                           N o L 175/11
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 arc to be used for inspeaion 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 arc 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 tlv: safety of the helicopter or the vessel oi of personnel being
          transferred.
7. IMO signal           /MO meaning                                    Remarks
   SQ 3                 You should stop, or heave to, I am             The display of the inspeaion pennant indicates
                        going to board you                             the presence of an authorized inspeaion team in
                                                                       the helicopter
   MG                   You should steer course . . .                  Course is true
   IK-RQ                Request you proceed a t . . . knots
   AZ                   I cannot alight but I can lift crew            Indication of intentions to condua helicopter
                                                                      hoist transfer (used with BB signal)
   BB1-RQ              May I alight on your deck; are you
                       ready to receive me forward?
                                                                      Used in conjunaion with signal AZ to indicate
   BB2-RQ               May I alight on your deck; are you            helicopter will not alight but will condua 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                   1 wish to communicate with you by
                       (extracts from IMO Table 1 )
                       6 . . . International Code Flags
                       8 . . . radiotelephony 2 182 kHz
                       9 . . . VHF radiotelepnc.iy 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---                                                                     -O-
N o l . 175/12                               Official Journal of the European Communities                                        6. 7. 88
                                                                  ANNEX V
                    FISHERIES COMMISSION OF THE NORTHWEST ATLANTIC FISHERIES ORGANIZATION
                                                         REPORT OF INSPECTION
                                            (Inspector: «ease use CAPITAL BLOCK LITTERS)
              1. The forms for the report of inspection shall be collated in a booklet with each page having an original and two
                  self-carbon copies (preferably coloured and preferably one yellow and one green).
             2. Page packets are to be perforated at the top and bottom of the page for easy removal.
             3. Items I through 8 and item 18 of the report are to be highlighted with red ink.
             4. Booklets should be bound preferably with 20 complete sets of the three-page report.
             5. The si/c of every page, after removal from the packet, should be 355,5 mm (14") in length by 216 mm (8'//')
                  in width.
             Note to master of fishing vessel
             The NAFO inspector will produce his NAFO 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 NAFO's measures to
             which your contracting party has not objected and, notwithstanding any such objection, to inspect the logbook
             entries for the Regulatory Area and the catches on board. 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)
                   Contracting party
               2. Name and identifying letters and/or number of vessel carrying him
             INFORMATION ON VESSEL INSPECTED
               3. Contracting party 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 Tl IE INSPECTION COMMENCED AND IINISII ED
              '>. Date                     Time arriveil on board             GMT       Time olf departure           GMT
 ---pagebreak---                                                                    -4P-
6. 7. 88                               Official Journal of the European Communities                                      N o I. 175/13
         GEAR ON. OR NEAR THE WORKING DECK INSPECTED
          10.                                                                      1st net      2nd n r l        3rd net
               Type o( 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
         MESH MEASUREMENT — IN MILLIMETERS
         11. Codend (inclusive of lengthener(s), if any) — Samples of 20 meshes
                                                                                                  Average         legal
                                                   Width (Mesh Si/e)
                                                                                                   width           ji/e
              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
         12. Have the records of catches been retained aboard for the duration of the quota period*
              YES/NO
         RESULT OF INSPECTION OI HSII ON BOARD
         13. Result of inspection of fish observed in last tow (if appropriate)
                    Total                                                           Percentage
                                               All spenes taken                                    IVnew.IRC iliscinlcd
                   I iinnrt                                                           of each
                                                                  Total i .IU Ii
 ---pagebreak---   N o L 175/14                                  Official Journal of the European Communities                                                 6. 7. 88
              14. Result of inspection of catches on board
                               Fish species with                     Inspectors estimate
                                  i-alpha code                             (tonnes)
•
                    Inspectors comments on how estimates were calculated:
              15. Summary of catches from logbooks for current voyage (')/quota period (*)
                          Date of
                                                             Fish species with         Catch               How
                         entry into            Division                                                                      Discards
                                                               J-alpha code        (metric tonnes)       processed
                      Regulatory Area
!
              (') 'Current voyage' is defined as beginning when the vessel enters ihe Regulatory Area, and ending when the vessel leaves ihe
                  Convention Area (which nullities ihr pons bordering ihe Convention Area) lor a period greater ih.in 20 days. Ihe current
                  voyage shall not be considered to have ended as long as the vessel has catih on board from the Regulatory Area.
              (') Where applicable in accordance with the sisth subparagraph ol point 6 (i) of the scheme.
 ---pagebreak---                                                                            -a-
6. 7. 88                                Official Journal of the European Communities                                             N o L 175/15
              Note to master of fishing vessel:
             At this stage the inspeaion 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 apparent infringement:
                                                             Signature of inspeaor:
                                                             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 a closed area or with gear prohibited in a specific area;
                 b) fishing for stocks or species after the date on which the contracting parry for the inspected vessel has
                     notified the Executive Secretary that vessels of that pa'ty will cease a direaed fishery for those stocks or
                     species; and
                 c) fishing on an 'Others* quota without prior notification to the Executive Secretary, or more than seven
                     working days after the contracting party for the inspected vessel has been notified by the Executive
                     Secretary that fishing under an 'Others quota' for that stock or species should cease.
             Before asking you to ceasefishing,the inspeaor must immediately attempt to communicate with an inspeaor
             of your conttacting party in the vicinity or a designated authority of your contraaing party. You must allow
             the inspeaor to use your radio equipment or operator for this purpose. If the inspeaor cannot contaa an
             inspector of your contraaing party or a designated authority, he will complete his inspeaion 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.
         COMMENTS AND OBSERVATIONS
         17. Documents inspected following an apparent infringement
         18. Comments: (In the case of a difference between the inspeaor's estimates of the catches on board and the
             related summaries of catches from the logbooks, note this difference with the percentage)
 ---pagebreak---                                                               ±2 0-
No L 175/16                              Official Journal of the European Communities                                          f>. 7. 88
            19. 'Subjects of photographs taken relating to an apparent infringement
           10. Other comments, statements and .'or observations by inspector(s)
           21. Statements of second inspector or witness
           22. Name and signature of second inspector or ssitne*s
           23. Signature of inspeaor in charge
           24. Statement of master's witness(es)
           25. Name and signature of master's witnesses)
           26. 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 pan of the contents of the report.
                 Date                                                  Signature
           1?. Comments anil signature by the master of vessel
                 COPY TO MASTER, ORIGINAL TO BE RETAINED BY INSPECTOR                                    FOR     REQUIRED
                 DISTRIBUTION
 ---pagebreak---                                                                                -2         4-
6. 7. 88                                      Official Journal of the European Communities                                       No L 175/17
                                                                    ANNTX V7
                                                       INSPECTION QUr v n O N N A I K E
              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
                   Commission's measures.
            5.     Please check your position and lime now.
            f>.    I am reporting your position as             ° latitude        ° longitude at          G M T . D o you agree?
            7.     Would you like to check you" 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 repon
                  form.
          11.     What principal species are you fishing for?
          12.     Are you fishing for reduction purposes?
          13.     1 agree.
          14.     Yes.
          15.     I do not agree.
          16.     No.
          17.    Please take me to the bridge/ the working deck / the processing area / the 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 any.
         23.     Ask your men to hold that net so that I can measure it.
         24.     Please put that net underwater for 10 minutes.
         25.     1 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 vsish to inspect your catch. HJVC you finished sorting the fish?
         2H.     Will you please lay out those fish?
         29.     I wish to estimate the proportion of regulated species in your catch.
         30.     ('lease turn to tlie copy of the inspection form in your language and supply me with the necessary information
                 to complete it. I will indicate sshich sections.
          U.     If you do not give your cooperation as I have requested, I will report your refusal to your contracting
                 party.
          \2.    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 si/e, and will be reported to your contracting party.
         .13.    I have found rt-t attachments/ other fishing gear which appear to be illegal. This will be reported to your
                 contracting patty.
          »4.    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 fisheries inspector of your contracting party at his demand.
 ---pagebreak---                                                                               - t e -
N o L 175/18                             Official Journal of the European Communities                                         6. 7. 88
           35. I hase found . . . undersized fish. I shall repon this to your contracting party.
           36. I fihd that you are apparently fishing :his xxa during a closed season / with gear not permined / for stocks
               or species not permined. This will : rponed to your contracting pany.
           37. 1 have found a by-catch of regulated species which appears :o be above the permitted amounts. I shall repo.t
               this to your contraaing parry.
           38. 1 have made copies of the following entry / entries in this dtxument. Please sign them to cenify that they are
               true copies.
           39. I would like to communicate with the designated authority of your contracting pany. 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 condua and that of the
               inspector(s)? If so, please do so in the space I am indicating on the repon form on which 1 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 repon form.
           41. I am leaving. Thank you.
 ---pagebreak---                                        -Il-
                                  FICHE FINANCIERE
Concerning:
Proposed Council Regulation (EEC) fixing the provisions with regard to aerial
surveillance of fishing vessels operating in the NAFO Regulatory Area.
1.  Budget line:     Article B2-9220.
    Instituting:     Aerial surveillance and control in the       international
                     waters of the North West Atlantic.
2.  Legal Basis:     Council Regulation (EEC) n° 170/83 of 25 January 1983,
                     creating    a Community    system  of   conservation   and
                     management of fishery resources.
3.  Classification: Obligatory expenditure.
4.  Objectives of the measure and description of activity:
    The measure is designed to improve the application of the Scheme of Joint
    (International Inspection) adopted by the North West Atlantic Fisheries
    Ogranisation (NAFO).
5.  Method of Calculation.
5.1 Nature of expenditure:   Hire of aircraft in order to carry out aerial
                              surveillance in the Regulatory Area as defined
                              by the NAFO Convention.
5.2 Community financing:      100% of costs for a limited period in accordance
                             with    the   obligations    described    in   the
                              Convention.
5.3 Calculation of costs:     It is necessary to hire an aircraft for a total
                             of 30 days each year at an estimated cost of
                              8.000 ECU per day.
6.  Financial impact on operational credits:
6.1 Date of credit engagement and payment (Mio ECU):
    Exercice         CE      CP
    1991
    1992             0,24    0,24
    1993             0,26    0,26
    1994             0,30    0,30
    The expenditure for 1992 can be covered by the credits which will be
    included in the general budget for this type of expenditure. With regard
    to the following years, the expenditure will not lead to an increase of
    credits which, in the absence of this regulation, have been requested for
    inclusion on the budget line B2-9220.
6.2 Financing during 1991:   not required.
7.  Observations:  None.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM (91) 541 final
                                                      DOCUMENTS
EN                                                                              03
                                Catalogue number : CB-CO-91-610-EN-C
                                                             ISBN 92-77-79216-7
Office for Official Publications of the European Communities
L-2985 Luxembourg