COMMISSION REGULATION (EEC) No 4086/88 of 21 December 1988 establishing for 1989 the list of vessels exceeding eight metres length overall and permitted to use within certain coastal areas of the Community beam trawls whose aggregate length exceeds eight metres
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3094/86 of 7 October 1986 laying down certain technical measures for the conservation of fishery resources (1), as last amended by Council Regulation (EEC) No 3287/88 (2), and in particular Article 15 thereof,
Whereas Article 9 (3) (c) of Council Regulation (EEC) No 3094/86 provides for the establishment of an annual list of vessels exceeding eight metres length overall authorized to fish inside the continental coastal zone of the North Sea for sole using beam trawls of which the aggregate beam length exceeds eight metres and Article 9 (5) of that Regulation provides for the adoption of detailed rules for the implementation of this provision;
Whereas the list is to consist of those vessels which at the date these restrictions take effect comply with the criteria set out in Article 9 (3) (b) and (c) of the Regulation and with the technical requirements for access to the said area, as determined by the legislation of their flag State or State of registration;
Whereas inclusion in the list is without prejudice to the application of other measures for the conservation of fishery resources provided for or adopted in conformity with Regulation (EEC) No 3094/86 or Council Regulation (EEC) No 170/83 (3);
Whereas it is therefore necessary to establish this list and to lay down detailed rules for its establishment and modification;
Whereas it is necessary to define the primary activity of a vessel;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Resources,
HAS ADOPTED THIS REGULATION:
Article 1 1. The list of vessels authorized by virtue of Article 9 (3) (c) of Regulation (EEC) No 3094/86 to use beam trawls whose aggregate length exceeds eight metres inside the area within 12 miles of the coasts of France, north of latitude 51°00 N, Belgium, the Netherlands, the Federal Republic of Germany, and the west coast of Denmark as far as the Hirtshals Lighthouse, measured from the baselines from which the territorial waters are measured, is given in the Annex.
2. The list shall consist of those vessels exceeding eight metres length overall:
- whose primary activity is fishing for shrimps, and - which entered into service before 1 January 1987, and have been fishing with beam trawls in waters beyond the baselines before that date, and - which complied on 1 January 1987 with the technical requirements determined by the legislation of the Member State whose flag they fly or in which they are registered for fishing with beam trawls in the area referred to in Article 9 (3) (a) of Regulation (EEC) No 3094/86, and - whose engine power on 1 January 1987 did not exceed 221 kW and in the case of derated engines did not exceed 300 kW before derating.
3. Vessels which went out of service between 1 July 1986 and 1 January 1987 for reasons of force majeure but which would otherwise comply with the conditions set out in paragraph 2 may appear on the list.
Vessels for the construction of which a binding contract was signed before 11 October 1986 may also appear on the list provided that when constructed they comply with the conditions set out in paragraph 2 apart from the references to 1 January 1987.
4. The list is valid from 1 January to 31 December 1989. The list shall be supplemented, if necessary, before 30 June 1989, in accordance with the procedure laid down in Article 15 of Regulation (EEC) No 3094/86, to take account of any other vessels which entered into service before 1 January 1987 but were not included on the list on the date of entry into force of this Regulation.
5. Member States shall verify that vessels included on the list comply with the conditions set out in paragraph 2 and shall, if necessary, notify the Commission of a request for modification of the list in accordance with Article 2.
Article 2 1. Requests for modification of the information in the Annex shall be notified to the Commission by the Member State whose flag the vessel concerned flies or in which it is registered.
2. However, where the modification involves a change of flag or country of registration the request shall be made by the Member State whose flag the vessel flies or in which it is registered after the change.
3. A request shall include all information necessary to evaluate its compliance with the provisions laid down in Article 1. It shall also include the name of the vessel, its external identification letters and numbers, its port of registry, its radio call sign and the make and type of engine.
4. The Commission shall evaluate the information submitted. The Commission shall then modify the list referred to in Article 1 in respect of those requests which have been found to conform with the aforementioned provisions. It shall notify all Member States of these modifications, which shall take effect from a date determined by the Commission.
Article 3 Vessels whose primary activity is fishing for shrimps are those vessels which have permanently installed on board a boiler suitable for the processing of shrimps and a sieve designed to separate juvenile flatfish from shrimps, and:
- which fished for shrimps for more than half of the time spent at sea during a representative period of twelve consecutive months within the two years preceding the date of entry into force of this Regulation, or - whose income from the sale of shrimps during a representative period of twelve consecutive months within the two years preceding the date of entry into force of this Reguation, calculated as a proportion of the total first-hand sales, constituted 50 % or more of their earnings, or - whose total landings during a representative period of twelve consecutive months within the two years preceding the date of entry into force of this Regulation included 50 % or more by weight of shrimps.
In the case of a vessel replacing another vessel on the list, primary activity may be proved by taking into account the activity of the vessel which it replaces.
Article 4 This Regulation shall enter into force on 1 January 1989.
It shall apply until 31 December 1989.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 1988.