Council Regulation (EC) No 1262/2000 of 8 June 2000 laying down certain control measures in respect of vessels flying the flag of non-Contracting Parties to the Northwest Atlantic Fisheries Organisation (NAFO)

Council Regulation (EC) No 1262/2000
of 8 June 2000
laying down certain control measures in respect of vessels flying the flag of non-Contracting Parties to 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(1),
Having regard to the Opinion of the European Parliament(2),
Whereas:
(1) The Community is a Contracting Party to the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, hereafter referred to as the "NAFO Convention"(3).
(2) The NAFO Convention provides a suitable framework for regional cooperation in the conservation and management of fishery resources through, inter alia, the setting up of an international organisation known as the Northwest Atlantic Fisheries Organisation, hereafter referred to as "NAFO", and the adoption of proposals for conservation and enforcement measures for the fishery resources of the NAFO regulatory area, which become binding upon the Contracting Parties.
(3) The practice of operating fishing vessels under the flag of non-contracting parties to NAFO as a means of avoiding compliance with conservation and enforcement measures established by NAFO remains one of the factors which seriously undermines the effectiveness of such measures and should, therefore, be discouraged.
(4) NAFO has consistently invited the non-contracting parties concerned either to become a member of NAFO or to agree to apply the conservation and enforcement measures established by NAFO with a view to fulfilling their responsibilities with regard to fishing vessels entitled to fly their flag.
(5) At its 19th annual meeting in September 1997, NAFO resolved to adopt a "scheme to promote compliance by non-contracting party vessels with the conservation and enforcement measures established by NAFO", the objective of which is to ensure that the effectiveness of conservation and enforcement measures established by NAFO is not undermined by non-contracting vessels.
(6) The said Scheme provides, inter alia, for the mandatory inspection of non-contracting party vessels when such vessels are voluntarily in the ports of Contracting Parties and, with due regard to the multispecies fisheries in the regulatory area of NAFO, a prohibition of landings and transhipments if, in the course of such inspection, it is established that the catch has been taken in contravention of conservation and enforcement measures established by NAFO as well as certain other collateral measures to be taken by Contracting Parties.
(7) At the 20th annual meeting of NAFO in September 1998, certain specifications were made to the provisions of the scheme relating to at-sea transhipments and relevant sightings.
(8) At the 21st annual meeting of NAFO in September 1999, additional specifications for Stateless vessels were made.
(9) Under the Treaty, the authority over internal waters and ports is exercised by the Member States. However, as regards access to port facilities in the Community by non-contracting party vessels which are sighted engaging in fishing activities in the NAFO regulatory area, it is necessary to enact additional uniform measures at Community level, which supplement the measures provided for in Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy(4) and ensure that the operations of such vessels in Community ports do not undermine the effectiveness of the conservation and enforcement measures established by NAFO,