CELEX: 32004R0855
Language: en
Date: 2004-04-29 00:00:00
Title: Council Regulation (EC) No 855/2004 of 29 April 2004 amending Regulation (EC) No 3069/95 establishing a European Community observer scheme applicable to Community fishing vessels operating in the Regulatory Area of the Northwest Atlantic Fisheries Organisation (NAFO)

30.4.2004        EN        Official Journal of the European Union                      L 161/ 1
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                         COUNCIL REGULATION (EC) No 855/2004
                                          of 29 April 2004
                               amending Regulation (EC) No 3069/95
                       establishing a European Community observer scheme
               applicable to Community fishing vessels operating in the Regulatory
                  Area of the Northwest Atlantic Fisheries Organisation (NAFO)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37
thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament 1,
1
      Opinion delivered on 1 April 2004 (not yet published in the Official Journal).
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Whereas:
(1)   Regulation (EC) No 3069/95 1 provides for specific rules to implement, at Community level,
      the scheme for observers which had been agreed upon within the framework of the
      Northwest Atlantic Fisheries Organisation (NAFO) in 1995 and which aimed at improving
      control and enforcement in the Regulatory Area of NAFO.
(2)   In view of special circumstances under which the scheme was implemented at Community
      level in 1995, the Council entrusted the Commission to place observers on board all
      Community fishing vessels and it is the Community which bears the costs arising from its
      operation.
(3)   In 2002, Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation
      and sustainable exploitation of fisheries resources under the Common Fisheries Policy, was
      adopted 2. Under that Regulation, Member States are to control the activities carried out by
      vessels flying their flag outside Community waters, including being responsible for placing
      observers on such vessels.
(4)   In view of the adoption of that framework Regulation, there is no longer any justification for
      the administrative and financial burdens involved being borne by the Commission.
1
      OJ L 329, 30.12.1995, p. 5. Regulation as amended by Regulation (EC) No 1049/97
      (OJ L 154, 12.6.1997, p. 2.).
2
      OJ L 358, 31.12.2002, p. 59.
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(5)   The Commission and Member States should work closely together to ensure that the
      effectiveness of the observer programme is maintained and respects the Community's
      obligations in NAFO.
(6)   Regulation (EC) No 3069/95 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
                                                Article 1
Regulation (EC) No 3069/95 is hereby amended as follows:
(1)   The first subparagraph of Article 1 shall be replaced by the following:
      "Without prejudice to Article 2 (2) of Regulation (EEC) No 1956/88, Member States shall
      assign observers to all their fishing vessels engaged in or about to engage in fishing activities
      in the NAFO Regulatory Area. Duly appointed observers shall remain on board the fishing
      vessels to which they are assigned until they are replaced by other observers."
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(2)   The following Article shall be inserted:
      "Article 1a
      Member States shall forward to the Commission a list of the observers they have assigned
      pursuant to Article 1 by 20 January at the latest each year and, thereafter, immediately
      following the assignment of any new observer."
(3)   In Article 2, "Community observers" shall be replaced by "duly assigned observers".
(4)   Article 4 shall be replaced by the following:
      "Article 4
      All costs arising from the operation of observers under this Regulation shall be borne by the
      Member States. Member States may charge these costs, in part or in full, to the operators of
      their vessels."
(5)   In Annex I, point 1 (i), "Commission" shall be replaced by "Member States".
(6)   In Annex I, point 2 (m), "the competent authorities of the Member State concerned" shall be
      replaced by "the competent authorities of the Member State which assigned them".
(7)   Annex II shall be deleted.
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                                               Article 2
This Regulation shall enter into force on the day following that of its publication in the
Official Journal of the European Union.
It shall apply from 1 May 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 29 April 2004.
                                                                 For the Council
                                                                  The President
                                                                M. McDOWELL
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