15 Scheme for observing Community fishing
vessels in the NAFO area
| (24979)
13855/03
COM(03) 611
| Draft Council Regulation amending Regulation (EC) No. 3069/95 establishing a European Community observer scheme applicable to Community fishing vessels operating in the Regulatory Area of the Northwest Atlantic Organisation (NAFO).
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| Legal base | Article 37EC; consultation; QMV
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| Document originated | 17 October 2003
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| Deposited in Parliament | 28 October 2003
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| Department | Environment, Food and Rural Affairs
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| Basis of consideration | EM of 10 November 2003
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| Previous Committee Report | None, but see footnote
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| To be discussed in Council | 22 December 2003
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
15.1 In accordance with the rules laid down by the Northwest Atlantic
Fisheries Organisation (NAFO), Council Regulation No. 3069/95[41]
introduced a requirement that all Community fishing vessels operating
in NAFO waters should carry an observer, and, since then, the
placement of such observers has been arranged by the Commission,
which has also borne the costs. However, in December 2002, the
Council adopted Regulation (EC) No. 2371/2002,[42]
which includes a provision that Member States should in future
be responsible for placing observers on fishing vessels flying
their flag where required by other legislation.
The current proposal
15.2 This proposal would accordingly amend Council Regulation
3069/95 to make Member States responsible, as from 1 January 2004,
for assigning observers to their vessels in NAFO waters, and for
bearing any costs arising from this. Provision is also included
for these costs to be passed on, in part or in full, to the vessel
operators.
The Government's view
15.3 In his Explanatory Memorandum of 10 November 2003, the Minister
for Nature Conservation and Fisheries at the Department for Environment,
Food and Rural Affairs (Mr Ben Bradshaw) says that, notwithstanding
the changes made in Council Regulation 2371/2002, the UK has reservations
about changing the present arrangements in NAFO waters in advance
of the decision which will have to be taken on the establishment
of a Joint Inspection Structure[43]
and the part this will play in discharging the responsibilities
of the Community and Member States in waters covered by regional
fishing organisations, such as NAFO. He adds that there is no
pressing urgency to change the present arrangements, as the current
contract between the Commission and the company appointed to provide
NAFO observers can be extended beyond its February 2004 expiry
date.
15.4 The Minister says that the UK also has concerns
about the practical implications of the proposal. In particular,
access to NAFO waters is controlled through the granting of fishing
days for each stock, and, since the UK has no such allocation,
none of its vessels fished in the waters in question between 1996
and 2002. However, although the UK obtained from Portugal this
year 69 days to fish for shrimp, future access would depend upon
similar transfers being made; and, since there is no guarantee
that these will take place, it could be difficult to find an organisation
willing to provide an observer service on a speculative, call-off
basis at a reasonable cost.
15.5 The Minister also says that no decision has
yet been taken on whether such costs should be passed on to vessel
owners, but that, if they were, this could affect the economic
viability of the fishing operation and prevent UK vessels exploiting
future opportunities in NAFO waters. He adds that it is also
extremely unlikely that the tendering procedure which would be
necessary to appoint observers could be completed by the proposed
deadline of 20 January 2004.
Conclusion
15.6 This proposal is consistent with the more
general provisions on enforcement responsibilities agreed by the
Council in December 2002, and seems likely to have limited practical
implications so far as the UK is concerned. We are therefore clearing
it. However, since it raises in NAFO waters considerations similar
to those in waters falling under the North-East Atlantic Fisheries
Commission, on which our predecessors reported in 2000,[44]
we think it right to draw it to the attention of the House.
41 OJ No. L.329, 30.12.95, p.5. Back
42
OJ No. L.358, 31.12.02, p.59. Back
43
(24394) 7623/03; see HC 63-xx (2002-03), paragraph 2 (7 May
2003). Official Report, European Standing Committee A,
11 September 2003. Back
44
(21760) 12754/00; see HC 23-xxix (1999-2000), paragraph 44 (15
November 2000) and HC 28-i (2000-01), paragraph 15 (13 December
2000). Back
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