CELEX: 31990R3943
Language: en
Date: 1990-12-19 00:00:00
Title: Council Regulation (EEC) No 3943/90 of 19 December 1990 on the application of the system of observation and inspection established under Article XXIV of the Convention on the Conservation of Antarctic Marine Living Resources

Avis juridique important

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31990R3943

Council Regulation (EEC) No 3943/90 of 19 December 1990 on the application of the system of observation and inspection established under Article XXIV of the Convention on the Conservation of Antarctic Marine Living Resources  

Official Journal L 379 , 31/12/1990 P. 0045 - 0059 Finnish special edition: Chapter 15 Volume 10 P. 0031  Swedish special edition: Chapter 15 Volume 10 P. 0031 

COUNCIL REGULATION (EEC) N° 3943/90of 19  December 1990on the application of the system of observation and inspection established under  Article XXIV of the Convention on the Conservation of Antarctic Marine Living Resources 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 (1), as amended by the Act of  Accession of Spain and Portugal, and in particular Article 11 thereof, Having regard to the proposal from the Commission, Whereas the Convention on the Conservation of Antarctic Marine Living Resources was approved by the  Council in its Decision 81/691/EEC (2); Whereas Article XXIV of the Convention provides for the establishment of a system of observation  and inspection in order to promote the objective and ensure observance of the provisions of the  Convention; Whereas, in accordance with that Article, the system is to include inter alia procedures for  boarding and inspection by observers and inspectors designated by Contracting Parties to the  Convention; whereas it is also to include procedures for flag-State prosecution and sanctions on  the basis of evidence resulting from such boarding and inspection; Whereas the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) has duly  adopted a system of observation and inspection; whereas provision must be made for the system to  apply in the Community; Whereas it is appropriate to extend the inspection of Community vessels in the Convention area to  cover their compliance with any other relevant Community measures for the control and conservation  of fishery resources; Whereas in the interest of monitoring the fishing activities in the Convention area it is necessary  that the Member States cooperate with each other and with the Commission in the application of the  system and other relevant Community measures; Whereas the system of observation and inspection applies without prejudice to the obligation of the  Member States under Article 1 of Council Regulation (EEC) No 2241/87 of 23 July 1987 establishing  certain control measures for fishingactivites (3) as amended by Regulation (EEC) N° 3483/88 (4)  to inspect and control Community vessels which have been engaged in fishing and related activities  in the Convention area; Whereas the system is subject to revision and provision should therefore be made for adopting any  amendments agreed upon at a multilateral level by CCAMLR thereto as well as detailed rules for  implementing the system, HAS ADOPTED THIS REGULATION: Article 1The system of observation and inspection  established under the Convention on the Conservation of Antarctic Marine Living Resources,  hereinafter referred to as 'the system`, shall apply in the Community. The provisions of the system are set out in the Annex. Article 21.  The Commission shall  designate Community observers or inspectors to the system. The observers or inspectors may be  appointed by the Commission or by a Member State and may be placed on board any Member State vessel  or, by arrangement with another Contracting Party, on a vessel of the latter, engaged in or about  to be engaged in observation or inspection duties or scientific research in the Convention area.  Inspectors and observers may carry out observation and inspection activities on board vessels  engaged in harvesting marine living resources or in scientific research related to fisheries  resources in the Convention area. 2.  In addition to their functions under the system, Community inspectors shall inspect in the  Convention area Community vessels to which the system applies for compliance with any other  Community conservation or control measures relating to fisheries resources applying to those  vessels. Article 3Member States shall cooperate with each other and with the Commission in the  application of the system.  Article 4Detailed rules for the implementation of this Regulation shall be adopted if necessary  in accordance with the procedure laid down in Article 14 of Regulation (EEC) No 170/83. Article 5This 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, 19 December 1990. For the CouncilThe PresidentC. VIZZINI(1) OJ N° L 24, 27. 1. 1983, p. 1. (1) OJ N° L 252, 5. 9. 1981, p. 26. (3) OJ N° L 207, 29. 7. 1987, p. 1. (4) OJ N° L 306, 11. 11. 1988, p. 2.  ANNEX COMMISSION FOR THE CONSERVATION OF ANTARCTIC MARINE LIVING RESOURCES OBSERVATION  AND INSPECTION SYSTEMNotes: 1.  In the following text of the Observation and Inspection System, adopted by the Commission for  the Conservation of Antarctic Marine Living Resources (CCAMLR), the term 'Commission` has been  replaced, for the sake of clarity, by 'CCAMLR`. 2.  Appended to the Observation and Inspection System are the pennant for Inspectors's vessels, the  report of inspection form and the inspector identification card, as approved by the Commission for  the Conservation of Antarctic Marine Living Resources. OBSERVATIONS AND INSPECTION SYSTEMVIII.  Each Member of CCAMLR may designate observers and  inspectors referred to in Article XXIV of the Convention. (a)  Designated observers and inspectors shall be familiar with the fishing and scientific research  activities to be observed and inspected and the provisions of the Convention and measures adopted  under it. (b)Members shall certify the qualifications of each observer and inspector they designate. (c)Observers and inspectors shall be nationals of the Contracting Party which designates them and,  while carrying out observation and inspection activities, shall be subject solely to the  jurisdiction of that Contracting Party. (d)Observers and inspectors shall be able to communicate in the language of the flag State of the  vessels on which they carry out their activities. (e)Observers and inspectors shall be accorded the status of ship's officer while on board such  vessels. (f)Names of designated observers and inspectors shall be communicated to CCAMLR by 1 May each  year. Designations shall remain valid until July 1 of the following year. VIII.  CCAMLR shall maintain a register of certified observers and inspectors designated by  Members. (a)  CCAMLR shall communicate the register of observers and inspectors to each Contracting Party by  31 May each year. VIII.  In order to verify compliance with measures adopted under the Convention, observers and  inspectors designated by Members shall be entitled to carry out observation and inspection  activities on board vessels engaged in scientific research or harvesting of marine living resources  in the area to which the Convention applies. (a)  Observation and inspection may be carried out by designated observers and inspectors from  vessels of the designating States. (b)Ships carrying observers or inspectors shall carry a special flag or pennant approved by CCAMLR  to indicate that the observers or inspectors on board are carrying out observation and inspection  duties in accordance with this system. (c)Such observers and inspectors may also be placed on board vessels, with the schedule of  embarkation and disembarkation of observers and inspectors subject to arrangements to be concluded  between the designating State and the flag State. IIIV.  Each Contracting Party shall provide to CCAMLR by 1 May each year a list of all of its flag  vessels intending to harvest marine living resources in the Convention area during the year  beginning 1 July. Such list shall include: - name of vessel, - call sign of the vessel registered by appropriate authorities of the flag State, - home port and nationality of vessel, - owner or charterer of vessel, - notification that the master of the vessel has been informed of the measures in force for the  area or areas where the vessel will be harvesting marine living resources in the Convention area. (a)  CCAMLR shall communicate to all Parties by 31 May each year a consolidated list of all such  vessels. The list shall also include the names of research vessels contained in the Register of  Permanent Research Vessels complied in accordance with paragraph 60 of the report of the fifth  meeting of CCAMLR. (b)Each Contracting Party shall also notifiy CCAMLR as soon as possible of any of its flag vessels  added to or deleted from the list during an ongoing fishing season. CCAMLR shall promptly  communicate this information to the other Contracting Parties. IIIV.  (a)  Any vessel present in the Convention area for the purpose of harvesting or conducting  scientific research on marine living resources shall, when given the appropriate signal in the  International Code of Signals by a ship carrying an observer or inspector (as signified by flying  the flag or pennant referred to in paragraph III (b)), stop or take such other actions as necessary  to facilitate the safe and prompt transfer of the observer or inspector to the vessel, unless the  vessel is actively engaged in harvesting operations, in which case it shall do so as soon as  practicable. (b)The master of the vessel shall permit the observer or inspector, who may be accompanied by  appropriate assistants, to board the vessel. IIVI.  Observers and inspectors shall have the authority to observe and inspect catch, nets and  other fishing gear as well as harvesting and scientific research acitivities, and shall have access  to records and reports of catch and location data insofar as necessary to carry out their  functions. (a)Each observer and inspector shall carry an identity document issued by the designating State in  a form approved or provided by CCAMLR stating that the observer or inspector has been designated to  carry out observation and inspection in accordance with this system. (b)On boarding a vessel, an observer or inspector shall present the document described in  subparagraph (d). (c)The observation and inspection shall be carried out so that the vessel is subject to the  minimum interference and inconvenience. Inquiries shall be limited to the ascertainment of facts in  relation to compliance with CCAMLR measures in effect for the flag State concerned. (d)Observers and inspectors may take photographs as necessary to document any alleged violation of  CCAMLR measures in effect. Duplicate photographs shall be taken, one of which shall be attached to  the notice of alleged violations provided to the vessel master in accordance with paragraph VIII. (e)Observers and inspectors shall affix an identification mark approved by CCAMLR to any net or  other fishing gear which appears to have been used in contravention of conservation measures in  effect and shall record this fact in the reports and notification referenced in paragraph VIII. (f)Observers and inspectors shall be provided with appropriate assistance by the master of the  vessel in carrying out their duties, including access as necessary to communications equipment. IVII.  If a vessel refuses to stop or otherwise facilitate transfer of an observer or inspector, or  if the master or crew of a vessel interferes with the authorized activities of an observer or  inspector, the observer or inspector involved shall prepare a detailed report, including a full  description of all the circumstances, and provide the report to the designating State to be  transmitted in accordance with the relevant provisions of paragraphs VIII and IX. (a)  Interference with an observer or inspector or failure to comply with reasonable requests made  by an observer or inspector in the performance of his duties shall be treated by the flag State as  if the observer or inspector were an observer or inspector of the State. (b)The flag State shall report on actions taken under this paragraph in accordance with paragraph  X. VIII.  Observers and inspectors shall prepare detailed reports on their observation and inspection  activities. These reports shall be provided to the designating Member which shall in turn report to  CCAMLR. (a)Before leaving vessels that have been observed and inspected, the observer or inspector shall  give the master of the vessel a certification of inspection and a written notification of any  alleged violations of CCAMLR measures in effect and shall afford the master opportunity to comment  in writing on any such notification. (b)The ship's master shall sign the notification to acknowledge receipt and the opportunity to  comment on it. IIIX. Reports referred to in paragraph VIII shall be provided to the flag State and the flag State shall  be afforded the opportunity to comment on them prior to their consideration by CCAMLR. IIIX. If, as a result of observation and inspection activities carried out in accordance with these  provisions, there is evidence of violation of measures adopted under the Convention, the flag State  shall take steps to prosecute and, if necessary, impose sanctions. The flag State shall report any  such prosecutions and sanctions to CCAMLR. Appendix 1 CCAMLR SYSTEM OF OBSERVATION AND INSPECTIONPENNANT>START OF GRAPHIC>200 cm<?aeQS>90  cm>END OF GRAPHIC>Appendix 2 COMMISSION FOR THE CONSERVATION OF ANTARCTIC MARINE LIVING  RESOURCESREPORT OF INSPECTION(Inspector: Please use capital block letters)Note to master of the  vessel to be inspectedThe CCAMLR inspector will produce his CCAMLR 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 CCAMLR's measures to which your country has not  objected and, notwithstanding any such objection, to inspect the logbook entries and fishing  records for the Convention area and the catches on board. The inspector is authorized to examine  and photograph the vessel's gear, catch, log book or other relevant document. 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): . Designating country: . .  2. Name and identifying letters and/or number of vessel carrying the inspector: . . INFORMATION ON VESSEL INSPECTED 3. Country and port of register: .  4. Vessel's name and registration number: .  5. Type of vessel (fishing, research): .  6. Master's name: .  7. Owner's name and adress: . .  8. Position as determined by inspecting vessel's master at: . GMTLatitude:  ........................................................................... Longitude: . (a) Equipment used in determining position: . . .  9. Position as determined by inspected vessel's master at: . GMTLatitude:  ........................................................................... Longitude: . (a) Equipment used in determining position: . . . DATE AND TIMES THE INSPECTION COMMENCED AND FINISHED10. Date: .Time arrived on board:  ..................... GMT;Time of departure: ..................... GMTGEAR ON OR NEAR THE WORKING  DECK INSPECTED11. 11. >TABLE>MESH MEASUREMENT - IN MILLIMETRES12. Net N°  ................................Location of net to be measured (in water) . (on work deck) . Condition of net (rigging) . (wet - dry) . Initial measurement pursuant to Conservation Measure 4/V (Article 6)12.                      123456789101112131415161718192012.  average mesh size Total mm for 20 mesh +  20 measurements =average mesh size40 additional measurements in accordance with Conservation  Measure 4/V (Article 6): 12.                     212223242526272829303132333435363738394012.                      414243444546474849505152535455565758596012.  average mesh size Total  mm for 60 mesh + 60 measurements =average mesh size  . If master disputes initial 60 mesh  measurements, a further 20 meshes will be measured using a weight or dynamometer in accordance with  Conservation Measure 4/V (Article 6(2)). This measurement will be considered final. Final measurement in case of dispute, Conservation Measure 4/V (Article 6(2))12.                      123456789101112131415161718192012.  average mesh size Total mm for 20 mesh  + 20 measurements =average mesh sizeRESULT OF INSPECTION OF FISH ON BOARD13. Result of  inspection of fish observed in last tow (if appropriate)>TABLE>Record catch in round  weight (i.e. not processed weight). 14. Result of inspection of catches on board: >TABLE>15. Has the following data been recorded in the log book or other ship's  records on board the vessel?Description of vessel  .  YESNOname of shiptype of  vesselregistration number and port of registrationship nationalitygross registred tonnagelength  overall (m)maximum shaft power (kW at ........ rev/min) or horsepowerDescription of  gearYESNOtrawl type (according to FAO nomenclature)code number for trawl typemesh size at  mouth (mm)mesh size at codend (mm stretched)liner mesh size (mm)net plan (includes strip  lengths, twine sizes, mesh sizes)gear plan (otter boards, bridles, etc., as  appropriate)underwater acoustic equipment, echosounders (types and frequencies), sonar (types and  frequencies), netsonde (yes/no)Tow informationYESNOdateposition at start of fishing (in  degrees and minutes)time at start of fishing (in hour and minutes GMT; if local time, indicate the  variation from GMT)time at end of fishing (before hauling)bottom depth (m)fishing depth (only if  midwater trawl)direction of trawling (if the track changed during, give the direction of the  longest part of the track)towing speed  . Environment  .  YESNOpresence or not of ice in  watercloud coverage or type of weatherspeed of wind (knots) or wind force (Beaufort scale) and  directionsea surface temperatureair temperatureCatch records for each towYESNOestimated total  catch (kg)approximate species composition (percent of total)amount and composition of  discardsnumber of boxes of each size of fish per species, if anypresence of fish larvaeDaily  record of general informationYESNOtime at start of searchingtime at end of searching and start  of haultime search is resumed after haultime searching ends16. Are copies of the CCAMLR placard  on marine debris openly displayed on board the vessel?YESNO17. Is the international Radio Call  Sign permanently displayed on a weather deck and both the port and starboard sides of the  vessel?YESNO18. Has a record been kept of: (a) the dates, places, types and quantities of any fishing gear lost in the area?  . (a)   YESNO(b)lost or discarded nets, net fragments, strapping bands or other potentially hazardous  marine debris, its condition and quantity, found incidentally during the operation of the vessel in  the area?YESNO(c)the number and condition of any fish, birds, marine mammals or other  organisms entangled in the debris when found?YESNO(d)what was done with the  debris?YESNO(e)an inventory of the types and quantities of netting on board?YESNO(f)Is  each net identified?YESNO(g)the number, species, age, size, sex and reproductive status of any  birds and marine mammals taken incidentally during fishing operations?YESNO19. Are there any  birds or marine mammals, dead or alive, on board?  .  YESNONote to master of inspected  vessel: At this stage the inspection will finish unless an apparent infringement has been found. If no  apparent infringement is found go to item 27. 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. 20. Nature of apparent infringement: . . . . Signature of inspector: . Signature of master: . If an apparent infringement has been found, the inspector is authorized to: 1. re-examine and photograph the inspected vessel's gear, catch, log books 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 Executive Secretary has notified  Members that a directed fishery for those stocks or species is prohibited. COMMENTS AND OBSERVATIONS21. Document inspected following an apparent infringement: . . . . 22. Comments: (In the case of a difference between the inspector's estimates of the catches on board  and the related summaries of catches from the log books, note this difference with the  percentage). . . . 23. Subjects of photographs taken relating to an apparent infringement: . . . 24. Other comments, statements and/or observations by inspector(s) (in case of apparent mesh size  infringement include here the identification number of the net marker attached by the inspector):  . . . . . 25. Statements of second inspector or witness: . . . . 26. Name and signature of second inspector or witness: . . 27. Signature of inspector in charge: . 28. Statement of master's witness: . . . . . 29. Name and signature of master's witness(es): . . . 30. Acknowledgement and receipt of report: I, the undersigned, master of the vessel ................................................, hereby  confirm that a copy of this report and second photographs taken have been delivered to me on this  date. My signature does not constitute acceptance of any part of the contents of the report. Date . Signature . 31. Comments and signature by the master of vessel: . . . . . . . . . . . .ONE COPY TO MASTER, ORIGINAL AND OTHER COPY TO BE RETAINED BY INSPECTOR FOR REQUIRED  DISTRIBUTION. Remarks: Inspectors should use these pages to record their comments on any aspect of the inspection they  feel should be reported. Appendix 3 FRONT OF IDENTITY CARD COMMISSION FOR THECONSERVATION OF ANTARCTICMARINE LIVING  RESOURCESThe Bearer of this Document . (Name in Capitals).(Signature)is a CCAMLR inspector and has the authority to act under the  arrangement approvedby the Commission until 1 July 1990Issued by: . Signature: . Date: . . (Name of issuing country in capitals, and inspector's identity number)PhotographSeal or Official  StampBACK OF IDENTITY CARD The bearer of this card is an authorised inspector under theCCAMLR  System of Observation &  InspectionLe porteur de cette carte est un inspecteur autorisé à  agirselon le Système d'observation et d'inspection de la CCAMLRDer Traeger dieses Ausweises ist  ein im Rahmen des CCAMLRInspektions- und Beobachtungssystems autorisierter InspektorJapanese  translationto beinserted hereKorean translationto beinserted hereOkaziciel tego dokumentu  jest upowaznionym inspektoremdzialajacym w ramach Systemu Obserwacji i Kontroli Konwencjio  Ochronie Zywych Zasobow Morskich Antarktyki (CCAMLR)El portador de esta tarjeta es un inspector  autorizadosegún el Sistema de Observación e Inspección de la CCRVMA