CELEX: 51992PC0540
Language: en
Date: 1992-12-08
Title: Proposal for a COUNCIL REGULATION (EEC) establishing a NAFO pilot observer scheme applicable to Community fishing vessels operating in the regulatory area of the Northwest Atlantic Fisheries Organization (NAFO)

MP          COMMISSION OF THE EUROPEAN COMVTUNITIES
                                                     C0M(92) 540 final
                                                     Brussels, 8  December 1992
 •if- '-
                                        Proposal for a
                                  fiQIIKIPII REGULATION (EECÏ
W&-
                  arrêtant un programme pilote d'observation NAFO applicable
                  aux bateaux de pêche de la Communauté opérant dans la zone
                       de réglementation de l'Organisation des pêches de
                               l'Atlantique du Nord-Ouest (NAFO)
                                (presented by the Commission)
•^.- .*= *H
 Sii^s
 ---pagebreak---                          Explanatory Memorandum
As   a  contracting  party  to   the  NAFO  Convention,   the  Community
participates   in the  Scheme  of  Joint  International  Inspection  and
Surveillance which has been in operation since 1988.
The Fisheries Commission of NAFO at its 14th Annual Meeting held in
Dartmouth, Canada, on 14-18 September 1992   endorsed the implementation
of an 18 month pilot observer scheme in the NAFO Regulatory Area as of
1 January 1993. The adoption of the pilot observer scheme is expected
to supplement existing enforcement measures enacted to date and to
provide a useful and most effective method of monitoring compliance
with the provisions of the NAFO conservation and enforcement measures.
In addition, the observers may, if so requested by the NAFO Scientific
Council, provide sampling information for eventual use by the said
Scientific Council.
The observers placed on board vessels from contracting parties are
requested to present detailed reports of their findings following the
termination of the observation period which may vary from three to six
months. These reports will be forwarded to the competent authorities of
the flag state and in the case of European Community vessels, such
reports will be transmitted to the flag states      and by them to the
European Commission.
The number of observers to be deployed will be sufficient to ensure
that a minimum of 10 percent of the contracting party's total estimated
fishing days on ground in 1993-1994 are subject to observation    across
as many different fisheries in the NAFO Regulatory Area as possible.
With regard to the European Community fishing fleet operation in the
NAFO Regulatory Area during the designated eighteen months period, it
is anticipated that approximately 12 observers will be deployed. The
total envisaged Community contribution is estimated at approximately
240.000 ECU for a period of 12 months.
                                                                         I
 ---pagebreak---            Proposal for a Council Regulation (EEC) No          /92 of
         establishing a NAFO Pilot Observer Scheme applicable to
       Community fishing vessels operating in the Regulatory Area
         of the Northwest Atlantic Fisheries Organization (NAFO)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
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 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
         2
3179/78( ), 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 and Surveillance which was adopted by the
Council in Regulation (EEC) No 1956/88 as amended^3),
Whereas the NAFO Fisheries Commission, at the 14th Annual Meeting of
NAFO  held   in   Dartmouth,   Canada   on  18  September    1992, adopted     a
proposal   for   the   establishment   of   a  NAFO   Pilot   Observer    Scheme
requiring a certain number of fishing vessels operating in             the NAFO
Regulatory Area to receive observers on board when         engaged in fishing
activities,
Whereas the proposal has been      accepted by the Community,
(1) O.J. No L 24 of 27.01.1983, p.l.
(2) O.J. No L 378 of 30.12.1978, p.l
(3) O.J. No L 175 of 06.07.1988, p.l
                                                                                 ~>
 ---pagebreak---  HïiS ADOPTKO THTS RKCOTATTON
                                   Article 1
 The Pilot Observer Scheme adopted by the NAFO Fisheries Commission on
 18 September 1992, hereinafter referred to as the NAFO Pilot Observer
 scheme shall apply in the Community*
 The text of the scheme Is attached to this Regulation.
                                   Article 2
Without prejudice to Article 2.2 of Council Regulation (EEC) No 1956/08
the Commission     of the European Communities      shall assign  Community
observers to the Scheme* Observers       will be appointed by Member States
and may be placed on board any Member Stat» fishing vessel engaged or
about to be engaged in fishing activities in the NAFO Regulatory Area*
                                   Article 3
Detailed rules for the implementation of this Regulation shall, be
adopted in accordance with the procedure laid down in Article 14 of
Regulation (EEC) No 170/83.
                                   Article 4
This Regulation    shall   enter into force on the third day following its
publication in the official Journal of the European Communities,      it is
applicable from 1 January 1993 until 30 June 1994.
This    Regulation   shall  be   binding   in  its  entirety  and  directly
applicable in all Member States.
Done at Brussels*               1992.
                                 For the council.
                                 The President
 ---pagebreak---                                  ANNEX
                       NAFO PILOT OBSERVER SCHEME
1.  MEMBER STATES
(i)     Member States whose fishing vessels operate in the NAFO
        Regulatory Area- shall deploy observers on board the said
        vessels. The level of deployment shall be appropriate to ensure
        that a minimum of 10 percent of the Member States total
        estimated fishing days on ground for the period 1 January 1993
        to 30 June 1994 are subject to observation across as many
        fisheries in the NAFO Regulatory Area as possible.
(ii)    With a view to fulfilling the obligation stipulated above,
        Member States shall recruit and nominate appropriately
        qualified and experienced personnel. Selected personnel shall
        possess the following skills in order to discharge their
        duties:
        sufficient experience to identify species and gear,
        navigation skills,
        a satisfactory knowledge of the NAFO Conservation and
        Enforcement Scheme, the ability to observe and record
        accurately.
(iii)   Member States shall designate the vessels receiving observers,
        take all appropriate steps to ensure that the observers are
        received on board at the duly designated time and location and
        facilitate their departure at the termination of the
        observation period.
(iv)    The competent authorities of the Member States receiving the
        final report at the termination of the observation period shall
        evaluate the contents and conclusions of the said reports. In
        the event that the report indicates that the vessel observed
        has engaged in fishing practices at variance with conservation
        measures the said authorities shall take all appropriate action
        to determine whether an infringement has been committed and/or
        take steps to investigate the matter in order to prevent such
        practices.
(v)     Member States shall transmit copies of the observation report
        to the Commission of the European Communities.
2.  DUTIES OF THE OBSERVER
(i)     Observers assigned to the Scheme shall monitor and report upon
        the level of compliance by fishing vessels operating in the
        NAFO Regulatory Area with the pertinent rules of the
        Conservation and Enforcement measures. More specially, the
        observers shall:          : *
        record and report upon the fishing activities of vessels
        observed, verify the position of the vessels when engaged in
        fishing activities,
                                                                        S"
 ---pagebreak---         observe and estimate catches and quantities of undersized fish
        taken, record the gear, mesh sizes and attachements utilised by
        the skippers,
        verify entries made to the logbook e.g catch quantities and
        hail reportB.
(ii)    Observers shall prepare reports on the fishing vessels observed
        at the termination of the observation period* These reports
        shall record the full range of activities engaged in by the
        fishing vessels and evaluate the overall vlevel of compliance
        with conservation measures* Practices at variance with the said
        conservation measures shall be duly noted and documented*
        The reports shall be forwarded to the duly designed competent
        authorities of the flag state who in turn shall make these
        reports available to the Commission.
(ill)   The assigned observers shall take all appropriate steps to
        ensure that their presence on board fishing vessels does not
        hinder or interfere with the proper functioning of the vessels
        including fishing activities*
(iv)    The observer shall respect the property and equipment on board
        the fishing vessels including the confidentiality of all
        documents pertaining to the said vessels.
(v)     All observation duties shall be confined to the Regulatory Area
        of NAFO*
(vi)    When carrying out their duties, the observers shall, at all
        times, act with complete impartiality and independence.
3.  MASTER OF FISHING VESSEL
(i)     The Master of the vessels designated to receive an observer on
        board shall take all reasonable steps to facilitate the arrival
        and departure of the said observer. While on board the
        designated observer shall be offered appropriate and adequate
        accomodation and working facilities* The Master of the vessel
        shall permit the observer to have access to the vessels'
        documents (logbook, capacity plan, production logbook or
        stowage plan) and to different parts of the vessel in order to
        facilitate the discharge of the observer's duties.
(ii)    The Master shall be informed in good time of date and location
        for receiving observers and the likely duration of the
        observation period* For reasons of force majure, the Master may
        decide not to accept the presence of an observer on board or
        limit the duration of the observation period*
 ---pagebreak---                                    FICHE FINANCIERE
1.  Title of the act ion:     Control    and   surveillance in  international
                              waters.
2.  Budget line:      B2 922 (1992 Nomenclature, 1993-B2-902)
3.  Legal Basis:      Article 43 of the Treaty, Council Regulation (EEC) No
                      170/83 of 25 January 1983.
4.  Description of the Action:
    As a party to the Northwest Atlantic Fisheries Organization (NAFO) the
    Community is bound by the conservation and enforcement measures adopted
    by the Fisheries Commission of NAFO. At the 14th Annual Meeting of NAFO,
    the Community supported a proposal establishing a NAFO Pilot Observer
    Scheme which stipulates that a certain number of EEC fishing vessels
    operating in the NAFO Regulatory Area receive observers on board when
    engaged in fishing activities.
    The main objective of the Observer Scheme is to monitor and provide
    reports upon the level of compliance by EEC fishing vessels operating in
    the NAFO Regulatory Area.
5.  Classification of Expenditure/Receipts
5.1 OE
5.2 NDE
6.  Type of Expenditure/Receipts
6.1 Contribution towards the cost of Observers: Per diem allowance.
6.2 Contributions to Member States towards the cost providing, 12 Observers
    who will be placed on board selected EEC vessels fishing in the NAFO
    Regulatory Area.
7.  Financial Costs:
7.1 Calculation of total cost:
    The total cost is expected to be 360.000 Ecu for the entire eighteen
    months period of the Observer Scheme. As a Contracting Party to NAFO, the
    Community is requested to provide sufficient observers to cover at least
    10% of the fishing vessels engaged in fishing in the NAFO Area. Total
    fishing effort is based on days engaged in fishing in the said Area. It
    is therefore necessary for the Community to provide up to 12 Observers
    for a period of up to 200 days per year at 100 Ecu per day. The Scheme
    will terminate on 30 June 1994.
7.4 Date of Credit engagements (Obligatory    expense).
    Exercise:         1993    1994
    Amount (ECU):     240.000 120.000
                                                                              /
 ---pagebreak--- 3. Anti fraud provisions
9. Cost Effectiveness     The payment of a per diem allowance is deemed
                          the most appropriate contribution from the
                          Community as the selected observers will be
                          drawn from various research intitutes based in
                          the Member States.
               '          The presence of observers on board selected
                          vessels will complement existing enforcement
                          measures in NAFO and provide information on
                      •"' fishing practices and general compliance with
                          NAFO conservation measures. The presence of
                          observers from Member States will indicate to
                          other Contracting Parties that the Community is
                          taking all appropriate steps to ensure that EEC
                          fishermen comply with existing NAFO conservation
                          measures.
                                                                           t
 ---pagebreak---                                                                        ISSN 0254-1475
                                                                COM(92) 540 final
                                                        DOCUMENTS
EN                                                                                03
                                 Catalogue number : CB-CO-92-563-EN-C
                                                               ISBN 92-77-50600-8
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