19. 3. 97 Official Journal of the European Communities No L 77/5 COMMISSION REGULATION (EC) No 494/97 of 18 March 1997 modifying Commission Regulation (EEC) No 2868/88 establishing detailed rules for the application of the Joint International Inspection Scheme adopted by the North-West Atlantic Fisheries Organization (NAFO) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regualtion (EEC) No 1956/88 of 9 June 1988 ('), establishing detailed rules for the application of the Joint International Inspection Scheme adopted by the North-West Atlantic Fisheries Organiza- tion as last amended by Council Regulation (EC) No 3067/95 (%) and in particular Article 4 thereof, Whereas Commission Regulation (EEC) No 2868/88 () fixes certain rules for the implementation of the Joint International Inspection Scheme and Council Regulation (EEC) No 1956/88; Whereas the Council in the interests of improving control and the enforcement of measures within the NAFO Regulatory Area, has adopted Council Regulation (EC) No 3067/95 and modified Regulation (EEC) No 1956/88 with respect to the Joint International Inspection Scheme; Whereas it is appropriate to establish detailed rules for the application of new provisions of the said scheme particularly those concerning the inspection of com- munity fishing vessels operating in the NAFO zone and presumed to have committed a major apparent infringe- ment; Whereas it is appropriate that details of the competent authorities of the Member States concerned should be listed in the Annex to this regulation; Whereas it is therefore appropriate to modify Commis- sion Regulation (EEC) No 2868/88; Whereas the measures adopted by the regulation are in conformity with the opinion of the Management Committee for Fisheries and Aquaculture, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EEC) No 2868/88 is hereby amended as follows: (") OJ No L 175, 6. 7. 1988, p. 1. () OJ No L 329, 30. 12. 1995, p. 1. () OJ No L 257, 17. 9. 1988, p. 20. 1. The following Articles 4 (a) and 4 (b) are inserted: Article 4 (a) 1.  Where the appropriate authorities of the flag Member State are notified, pursuant to paragraph 10 (iii) of the Annex to Regulation (EEC) No 1956/88, by a NAFO inspector of an apparent serious infringe- ment, as listed in paragraph 9 of the Annex to Regula- tion (EEC) No 1956/88, committed by a fishing vessel flying its flag or where the Commission receives such information, these appropriate authorities and the Commission shall immediately inform each other thereof. 2. As a result of receiving the information pursuant to paragraph 1 and of being notified by another Contracting Party or by Community inspectors assigned to the scheme of an apparent serious in- fringement as listed in paragraph 9 of the Annex to Regulation (EEC) No 1956/88, committed by a Community vessel, the Commission in cooperation with the flag Member State, shall ensure that the vessel is inspected within 72 hours by a duly authorized inspector. 3. The Commission and the flag Member State shall cooperate in order to determine as soon as possible if the inspection referred to in paragraph 2 is to be conducted by a Community inspector assigned to the scheme or by an inspector designated by the appro- priate authorities of the flag Member State. 4.  The duly authorized inspector shall board the fishing vessel concerned and shall examine the elements that make up the apparent serious infringe- ment detected by the NAFO inspector and shall as soon as possible transmit to the appropriate authority of the flag Member State and to the Commission the results of his examination. 5. Following the notification of his results and if the apparent infringement is serious, in accordance with the definition of infringements in paragraph 9 of the Annex to Regulation (EEC) No 1956/88, the appropriate authority of the flag Member State shall, if the situation requires, within 24 hours, itself require or authorize the duly authorized inspector to require the vessel to proceed to a designated port in accordance with paragraph 10 (ii) of the Annex to Regulation (EEC) No 1956/88. The time limit referred to in the first subparagraph may be extended by the Commission at the request of a Member State addressed to the Commission, up to a maximum of 72 hours.