CELEX: 51991PC0537
Language: en
Date: 1991-12-13
Title: Proposal for a COUNCIL REGULATION ( EEC ) adopting provisions for the application of certain control measures adopted by the Northwest Atlantic Fisheries Organization

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 C0M(91) 537 final
                                                 Brussels, 13 December 1991
                                      Proposal for a
                                 COUNCIL REGULATION (EEC)
            adopting provisions for the application of certain control oeasxxres
                  adopted by the Northwest Atlantic Fisheries Organization
                              (presented by the Commission)
5fE» = J
 ---pagebreak---                                        I.
                            EXPLANATORY MEMORANDUM
In the interests of improving the control of fishing activities in its
Regulatory Area the Northwest Atlantic Fisheries Organization      (NAFO) has
adopted a proposal for the introduction of a control measure making it a
requirement for fishing vessels of Contracting Parties to communicate to the
Commission of the European Communities their entry into and exit from the NAFO
Regulatory Area as well as any movements between divisions.
The Commission   of the European Communities    is required to transmit the
information, which they receive from the fishing vessels to the Executive
Secretary of NAFO.   This control measure is commonly referred to as a "hail
system".
The purpose of this proposed regulation is to apply the "hail system" as
adopted by the NAFO Fisheries Commission, at the 13th Annual NAFO Meeting,
held in Dartmouth, Canada, on 13 September 1991, in the Community, and to make
certain other necessary related provisions.
In June 1991, the Commission submitted a proposal on a Council Regulation
incorporating a "hail system" which was to be utilized to monitor the movement
of fishing vessels in the Regulatory Area of NAFO.   At its meeting of 16 July
1991, the Council requested the Commission to reach agreement on certain
modifications to the proposed "hail system".  At the 13th Annual NAFO meeting,
the Commission   obtained these modifications. The proposal     for a Council
Regulation annexed hereto replaces the original proposal submitted to the
Council in July 1991.
 ---pagebreak---                                        PROPOSAL
                                         for a
                             COUNCIL REGULATION (EEC) No       of
     adopting provisions for the application of certain control measures
           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 I * ) , and in particular Article 11 thereof,
Having regard to the proposal from the Commission,
Whereas the Convention on Future Multilateral Co-operation in the         Northwest
Atlantic  Fisheries, hereinafter       referred  to as the NAFO    Convention, was
approved by the Council by Regulation (EEC) No 3179/78(2) and entered into
force on 1 January 1979;
Whereas the Northwest Atlantic Fisheries Organization        (NAFO) established by
the NAFO Convention adopted a Scheme of Joint International Inspection which
was adopted by the Council in Regulation (EEC) No 1956/88, as amended(3);
Whereas the NAFO Fisheries Commission, at its 1 3 t n Annual Meeting held in
Dartmouth on 13 September 1991, adopted a proposal for the establishment of a
control measure, requiring fishing vessels to communicate certain information
regarding their activities in the NAFO Regulatory Area; whereas this proposal
is acceptable to the Community;
(1) O.J. No L 24 of 27.01.1983, p.        1
(2) O.J. No L 378 of 30.12.1978, p.       1
(3) O.J. No L 175 of 06.07.1988, p.       1
                                                                         •/
 ---pagebreak--- HAS ADOPTED THIS REGULATION:
                                  Article 1
Vessels flying the flag of a Member State of the Community to which the NAFO
Scheme of Joint International    Inspection and Surveillance applies shall
transmit to the Commission of the European Communities, in accordance with
the rules laid down in the Annex, the information set out therein.
                                  Article 2
Within 24 hours of  receipt of the reports, whenever possible, the Commission
shall transmit the information contained therein to the Executive Secretary
of NAFO and to the Member States whose flag the vessels concerned are flying.
                                  Article 3
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.
                                                  For the Council
 ---pagebreak---                                               A N N E X
1.   The conwunications described below shall be entitled "NAFO REPORT". The information  to be
     transmitted, which shall be presented in the form specified, is as follows:
1.1  Each entry of the vessel into the Regulatory Area. This report shall be made at least six hours
     in advance of the vessel's entry and shall contain the following particulars in the following
     order:
          Name of vessel.
          Call sign.
          External identification letters and numbers.
          The date, the time and geographical position,
          Indication of the message code: "ENTRY",
          The NAFO division into which the vessel is about to enter.
          The name of the master.
1.2  Each movement from one NAFO division to another NAFO division except when moving between
     divisions 3L and 3N, and 3N and 3.0 under the conditions provided for in 1.3 below, and each
     movement from the delimited zone of 10 miles either side of the lines separating divisions 3L and
     3N and 3N and 3.0 when the conditions set out in 1.3 no longer apply. These reports shall be
     made prior to the vessel's entry into a NAFO division and shall contain the following particulars
      in the following order:
          Name of vessel,
          Call sign.
          External identification letters and numbers.
          The date, the time and geographical position.
           Indication of the message code: "HOVE",
          The NAFO division into which the vessel is about to enter.
          The name of the master.
1.3  Vessels conducting trans-zonal fishery between NAFO divisions 3L and 3N or between divisions 3N
     and 3.0 which cross the line separating these divisions more than once during a period of 24
     consecutive hours, and provided that they remain within the delimited zone (of 10 miles either
     side of the line between the divisions) shall report when first crossing the line between the
     divisions and at intervals not exceeding 24 hours thereafter (while remaining in the delimited
      zone), the following particulars in the following order:
          Name of vessel.
          Call sign.
          External identification letters and numbers.
          The date, the time and geographical position.
           Indication of the message code: "ZONE",
          The name of the master.
1.4 Each exit from the Regulatory Area. These reports shall be made prior to the vessel's exit from
    the Regulatory Area and shall contain the following particulars in the following order:
         Name of vessel.
         Call sign.
         External identification letters and numbers.
         The date, the time and geographical position.
         Indication of the message code: "EXIT",
         The NAFO division from which the vessel is about to leave,
         The name of the master.
                                                                                        •/-
 ---pagebreak---                                                    é-
2.  Without prejudice to the provisions set down in Commission Regulation (EEC) No 2807/83 laying down
    detailed rules for recording information on Member States catches of fish*1*, after each radio
    transmission of the information described in 1 above the following details are to be immediately
    entered in the logbook:
        Date and time of the transmission.
        In the case of radio transmissions, the name of the radio station through which the
        transmission was made.
3.1 The information specified under point 1 shall be transmitted to the Commission of the European
    Communities in Brussels (telex 24189 FISEU-B).
3.2 If it is impossible for reasons of force majeure for the message to be transmitted by the vessel,
    it may be transmitted on the vessel's behalf by another vessel.
(1)  O.J. L 276 of 10.10.1983, p. 1
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM (91) 537 final
                                                      DOCUMENTS
EN                                                                              03
                                Catalogue number : CB-CO-91-585-EN-C
                                                             ISBN 92-77-78809-7
Office for Official Publications of the European Communities
L-2985 Luxembourg