30. 12. 95 Official Journal of the European Communities No L329/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 3067/95 of 21 December 1995 amending Regulation (EEC) No 1956/88 adopting provisions for the application of the Scheme of Joint International Inspection adopted by the Northwest Atlantic Fisheries Organization THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the Parliament (?), European Whereas Regulation (EEC) No 1956/88 () implements the Scheme of Joint International Inspection adopted by the Northwest Atlantic Fisheries Organization (NAFO) Fisheries Commission on 10 February 1988; Whereas in the interest of improving control and enforcement in the NAFO Regulatory Area, the European Community has agreed both in the framework of the Agreement on Fisheries with Canada of 20 April 199§ and at the recent meeting of the Fisheries Commission on 11 to 15 September 1995 to modify the said Scheme of Joint International Inspection; Convention, these changes will, in the absence of objections, become binding upon the Contracting Parties as from November 1995; Whereas it is therefore necessary to amend Regulation {EEC) No 1956/88, (') O] No C 200, 4. 8. 1995, p. 15. {?) Opinion delivered on 15 December 1995 (not yet published in the Official Journal). () O] No L 175, 6. 7. 1988, p. 1. Regulation as last amended by Regulation (EC) No 761/94 (O] No L 90, 7. 4. 1994, p. 7). / Whereas, pursuant to Article XI of the NAFO - — HAS ADOPTED THIS REGULATION: Article 1 Regulation (EEC) No 1956/88 is hereby amended as follows: 1. The following shall be added to paragraph 2 (ii) of the Annex as a second subparagraph: ‘Inspections of vessels shall be carried out in a non-discriminatory manner. The number of inspections shall be based upon fleet size, taking into account their. compliance records. Contracting Parties shall ensure that their inspectors take special care to avoid damage to the cargo or to the gear inspected. Interference with both fishing and non fishing activities shall be minimised. Crews and vessels operating in conformity with NAFO Conservation and Enforcement Measures shall not be subject to harassment. Inspections shall be carried out only for the purpose of ascertaining that the said NAFO rules are respected.’ 2. The following shall be inserted as new paragraphs 9 and 10 of the Annex and the existing paragraphs 9 to 15 shall be renumbered as paragraphs 11 to 17 respectively. ‘9. The following apparent infringements shall be subject to the procedures set out in paragraph 10: (i) (ii) (iii) (iv) misreporting of catches; mesh size violations; hail system violations; the interference with satellite system; tracking v) preventing an inspector or an observer from carrying out his or her duties; (vi) directed fishing for a stock which is subject to a moratorium or for which fishing is prohibited.