30.12.1999 Official Journal of the European Communities L337/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 2791/1999 of 16 December 1999 laying down certain control measures applicable in the area covered by the Convention on future multilateral cooperation in the north-east Atlantic fisheries 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 Convention on future multilateral cooperation in the north-east Atlantic fisheries, hereinafter called ‘the NEAFC Convention’, was approved by Decision 81/ 608/EEC (3 and entered into force on 17 March 1982; The NEAFC Convention provides an appropriate frame- work for multilateral cooperation on the rational conser- vation and management of fishery resources in the area defined by the Convention; The North-East Atlantic Fisheries Commission, at its 17th annual meeting on 17, 18, 19 and 20 November 1998, adopted two recommendations establishing a scheme of control and enforcement applicable to fishing vessels operating in areas beyond the limits of the national jurisdiction of the Contracting Parties in the Convention area (hereinafter called ‘the Scheme’), and a programme to promote compliance by non-Contracting Party vessels with its recommendations in order to ensure full respect for conservation and management measures adopted by the NEAFC (hereinafter called ‘the Programme’); The Scheme provides for control measures applicable to vessels flying the flag of the Contracting Parties and operating in the NEAFC area, and arrangements for inspections at sea which include inspection and surveil- lance procedures and infringement procedures which must be implemented by the Contracting Parties; The Programme provides for the mandatory inspection of non-Contracting Party vessels where they enter the ports of the Contracting Parties voluntarily and a prohi- (') Opinion delivered on 15 December 1999 (not yet published in the Offiial Journal). () OJ L 227, 12.8.1981, p. 21. (10) bition on the landing and transhipment of catches if, during such inspection, it is established that they have been taken in breach of the conservation measures adopted by the NEAFC; Under Articles 12 and 15 of the NEAFC Convention, these recommendations enter into force on 1 July 1999 and become binding on the Contracting Parties; the Community should apply these recommendations; In order to make it possible for Community fishing activities in the NEAFC Regulatory Area to be monitored and to supplement the control measures provided for in Council Regulation (EEC) No 284793 of 12 October 1993 establishing a control system applicable to the common fisheries policy (?), certain specific control measures should be laid down, in particular as regards participation in fishing activities, the marking of vessels and fishing gear and their documents, the recording and reporting of catches and the transhipment of fish; Article 2(3) of Regulation (EEC) No 2847/93 provides that each Member State must ensure that the activities of its vessels outside the Community fishery zone are subject to proper monitoring and, where such Community obligations exist, to inspections and surveil- lance, in order to ensure compliance with Community rules applicable in those waters; provision should there- fore be made that Member States whose vessels are authorised to fish in the NEAFC Regulatory Area assign inspectors to the Scheme to undertake monitoring and surveillance, together with adequate resources for inspection; In order to ensure the monitoring of fishing activities in the NEAFC area, it is necessary that Member States cooperate with one another and with the Commission in applying the Scheme; It is the responsibility of Member States to ensure that their inspectors comply with the inspection procedures laid down by the NEAFC; () OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regula- tion (EC) No 2846/98 (O] L 358, 31.12.1998, p. 5).