Proposal for a Council Regulation laying down certain control measures in respect of vessels flying the flag of non-Contracting Parties to the Northwest Atlantic Fisheries Organisation (NAFO)
29. 2. 2000 EN Official Journal of the European Communities C 56 E/1 II (Preparatory Acts) COMMISSION Proposal for a Council Regulation (EC) laying down certain control measures in respect of vessels flying the flag of non-Contracting Parties to the Northwest Atlantic Fisheries Organisation (NAFO) (2000/C 56 E/01) (Text with EEA relevance) COM(1999) 570 final - 1999/0231(CNS) (Submitted by the Commission on 9 November 1999) 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, Having regard to the opinion of the European Parliament, Whereas: (1) The European Community is a Contracting Party to the Convention on Future Multilateral Co-operation in the Northwest Atlantic Fisheries, hereafter referred to as the NAFO Conventioní (1); (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, herefter referred to as NAFOí and and the proposals enforcement measures for the fishery resources of the NAFO Regulatory Area, which become binding upon the Contracting Parties; conservation adoption for of (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 to either become a member of NAFO or to agree enforcement measures established by NAFO with a view to fulfilling their responsibilities with regard to fishing vessels entitled to fly their flag; conservation and to apply the (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 NAFOí, 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) This Scheme provides, for inter alia, 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 multi-species fisheries in the Regulatory Area of NAFO, a prohibition of landings and transshipments if, 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; in the course of such inspection, (7) At the 20th Annual Meeting of NAFO in September 1998, certain specifications have been made to the provisions of the Scheme relating to at-sea transshipments and relevant sightings; (8) At the 21st Annual Meeting of NAFO in September 1999, additional specifications for stateless vessels have been made; (9) Under the EC Treaty, the authority over internal waters and ports is exercised by the Member States; whereas, however, as regards access to port facilities in the Community by non-Contracting Party vessels which have been 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 in Regulation (EEC) No 2847/93 (2) and provided for ensure that the operations of such vessels in Community ports do not undermine the effectiveness of the conser- vation and enforcement measures established by NAFO, (1) OJ L 378, 30. 12. 1978, p. 1. (2) OJ L 261, 20. 10. 1993, p. 1. Regulation as last amended by Regu- lation (EC) No 2846/98 (OJ L 358, 31. 12. 1998, p. 5). C 56 E/2 EN Official Journal of the European Communities 29. 2. 2000 HAS ADOPTED THIS REGULATION: Article 5 Article 1 For the purposes of this Regulation, the following definitions shall apply: (a) áfishing activitiesí: fishing, fish processing operations, the transshipment of fish or fish products, and any other activity in preparation for or related to fishing in the NAFO Regulatory Area; (b) NAFO Regulatory Areaí: the area referred to in Article I, paragraph 2, of the NAFO Convention; (c) ánon-Contracting Party vesselí: a vessel which has been sighted and reported as having engaged in fishing activities in the NAFO Regulatory Area and (i) which flies the flag of a State which is not a Contracting Party to the NAFO Convention; or (ii) for which there are clear grounds for suspecting it to be without nationality Article 2 Upon receipt of a report on a sighting of a non-Contracting Party vessel by a Community inspector assigned to the NAFO Scheme of Joint International Inspection and Surveillance, the Commission shall transmit this information without delay to the Secretariat of NAFO and, where possible, to the non-Con- tracting Party vessel, informing it that the information will be to the NAFO transmitted to all Convention and to its flag State. the Contracting Parties Article 3 1. Member States shall ensure that each non-Contracting Party vessel, which enters a designated port within the meaning of Article 28e of Regulation (EEC) No 2847/93, is inspected by their competent authorities. The vessel may not land or transship any catch until this inspection has been completed. If, on completion of inspection, the competent authorities 2. find that the non-Contracting Party vessel holds on board any of the species listed in Annexes I and II, the Member State concerned shall prohibit any landing and/or transshipment. However, no such prohibition shall apply if the master of 3. the inspected vessel or his representative proves to the satis- faction of the Member State concerned that: the competent authorities of - species held on board were caught outside the NAFO Regu- latory Area; or - species held on board and listed in Annex II were caught in enforcement conservation and accordance with the measures established by NAFO. Article 6 1. Member States shall communicate without delay to the Commission the results of each inspection and, where appro- priate, any subsequent prohibition of landing and/or trans- shipment, which was applied as a result of the inspection. This information shall the inspected non-Contracting Party vessel and its flag State, the date and the port of inspection, the grounds for a subsequent prohibition of landing and/or transhipment or, where no such prohibition was applied, the evidence presented pursuant to Article 5, paragraph 3. the name of inter alia, include, The Commission shall communicate to all the Member States without delay each report on a sighting, which it has received pursuant to Article 2 or by way of a notification from the Secretariat of NAFO or another Contracting Party. 2. The Commission shall transmit this information without delay to the Secretariat of NAFO and as soon as possible to the flag State of the inspected non-Contracting Party vessel. Article 4 Community fishing vessels shall be prohibited from receiving transshipments of fish from non-Contracting Party vessels. This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities. Article 7 29. 2. 2000 EN Official Journal of the European Communities C 56 E/3 ANNEX I LIST OF REGULATED SPECIES Common English Name Scientific Name 1. Atlantic cod. (Gadus morhua) 2. Atlantic redfishes. (Sebastes sp. ) 3. American plaice. (Hippoglossoides platessoides) 4. Yellowtail flounder. (Limanda ferruginea) 5. Witch flounder. (Glyptocephalus cynoglossus) 6. Capelin. (Mallotus villosus) 7. Greenland halibut. (Reinhardtius hippoglossoides) 8. Short-finned squid (Illex). (Illex illecebrosus) 9. Shrimps. (Pandalus sp. ) ANNEX II LIST OF NON-REGULATED SPECIES Common English Name Scientific Name 1. Haddock. (Melanogrammus aeglefinus) 2. Silver hake. (Merluccius bilinearis) 3. Red hake. (Urophycis chuss) 4. Pollock. (Pollachius virens) 5. Roundnose grenadier. (Macrourus rupestris) 6. Atlantic herring. (Clupea harengus) 7. Atlantic mackerel. (Scomber scombrus) 8. Atlantic butterfish. (Peprilus triacanthus) 9. River herring. (Alosa pseudoharengus) 10. Atlantic argentine. (Argentina silus) 11. Long-finned squid (Loligo). (Loligo pealei) 12. Wolffishes (NS). (Anarchichas sp. ) 13. Skates (NS). (Raja sp. )