SCHEME OF JOINT INTERNATIONAL INSPECTION AND SURVEILLANCE

The scheme of joint international inspection and surveillance, adopted by the NAFO Fisheries Commission on 13 September 1991, hereinafter referred to as "the scheme ", shall apply in the Community.

(i) Control and surveillance shall be carried out by inspectors of the fishery control services of the Contracting Parties following their assignment to the scheme of joint international inspection and surveillance, hereinafter referred to as 'the scheme'.

Whereas the NAFO Fisheries Commission adopted on 13 September 1991 a proposal for a modified scheme, henceforward to be entitled 'scheme of joint international inspection and surveillance'; whereas pursuant to Article XI of the NAFO Convention, the proposal will, in the absence of objections, become a measure binding upon Contracting Parties with effect from 6 January 1992; whereas the modified scheme is acceptable to the Community;

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-contracting party vessel, informing it that the information will be transmitted to all the Contracting Parties to the NAFO Convention and to its flag State.

Whereas the NAFO Fisheries Commission adopted on 13 September 1991 a proposal for a modified scheme, henceforward to be entitled 'scheme of joint international inspection and surveillance';

Control and surveillance shall be carried out by inspectors of the fishery control services of the Contracting Parties following their assignment to the scheme of joint international inspection and surveillance, hereinafter referred to as 'the scheme'.

Whereas Regulation (EEC) No 1956/88 (2), last amended by Regulation (EEC) No 436/92 (3) implements the Scheme of Joint International Inspection and Surveillance adopted by the Northwest Atlantic Fisheries Organization (NAFO) Fisheries Commission on 10 February 1988;

on aerial surveillance under the NAFO Scheme of Joint International Inspection and Surveillance and the treatment of aerial surveillance reports;

to continue to have fisheries patrol vessels in the NAFO Regulatory Area for inspections under the NAFO Scheme of Joint International Inspection and Surveillance subject to operational requirements;

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 1995 and at the recent meeting of the Fisheries Commission on 11 to 15 September 1995 to modify the said Scheme of Joint International Inspection;

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;

COMMISSION REGULATION (EC) No 761/94 of 6 April 1994 amending Council Regulation (EEC) No 1956/88 adopting provisions for the applicaton of the Scheme of Joint International Inspection and Surveillance adopted by the Northwest Atlantic Fisheries Organization

Having regard to Council Regulation (EEC) No 1956/88 of 9 June 1988 adopting provisions for the application of the Scheme of Joint International Inspection adopted by the Northwest Atlantic Fisheries Organization (1), and in particular Article 4 thereof,

Whereas detailed rules should be laid down for implementing the Scheme of Joint International Inspection, hereinafter referred to as 'the Scheme', and Regulation (EEC) No 1956/88, in particular with regard to the adoption and notification of the provisional plan for the participation of the Community in the Scheme, the notification and investigation of apparent infringements and the cooperation of the Member States and the Commission in these matters;

Whereas, with the objective of improving control and enforcement in the NAFO Regulatory Area and complementing the existing Scheme of Joint International Inspection and Surveillance, the Community has agreed, in the framework of the NAFO and the Agreement on Fisheries with Canada, to deploy Community observers on board Community fishing vessels while engaged in fishing activities in the said NAFO Regulatory Area;

Proposals adopted by the Commission for the allocation of catches in the Regulatory Area shall take into account the interests of Commission members whose vessels have traditionally fished within that Area , and , in the allocation of catches from the Grand Banks and Flemish Cap , Commission members shall give special consideration to the Contracting Party whose coastal communities are primarily dependent on fishing for stocks related to these fishings banks and which has undertaken extensive efforts to ensure the conservation of such stocks through international action , in particular , by providing surveillance and inspection of international fisheries on these banks under an international scheme of joint enforcement.