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COMMISSION REGULATION (EEC) No 55/87
of 30 December 1986
establishing the list of vessels exceeding eight metres length overall permitted to use beam trawls within certain coastal areas of the Community
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 amended by Regulation (EEC) No 4026/86 (2), and in particular Article 15 thereof,
Whereas Article 9 paragraph 3 (b) of Regulation (EEC) No 3094/86 provides for fishing by beam trawlers exceeding eight metres length overall within the continental coastal zone of the North Sea to be limited to those appearing on a list and paragraph 5 of the said Article 9 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) 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 conservation of fishery resources provided for or adopted in conformity with Regulation (EE) 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 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) (b) of Regulation No 3094/86 to use beam trawls inside the area within 12 miles of the coasts of France, north of latitude 51°00N, 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
- 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 comply 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, does not exceed 221 kW and, in the case of derated engines, did not exceed 300 kW before derating, except for vessels fishing for crustaceans.
3. Vessels which go 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 1 January 1987.
4. The list is valid from 1 January 1987. The list shall be supplemented, if necessary, before 30 June 1987, 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 in the list on the date of entry into force of this Regulation.
5. Member States shall verify that vessels included in 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 3.
Article 2
A vessel on the list referred to in Article 1 may be replaced by any other vessel on the following conditions:
- its engine is not derated,
- its engine power does not exceed 221 kW,
- its total length overall does not exceed 24 metres, and
- it complies with the technical requirements set out in Article 1 (2), second indent.
Article 3
1. Requests for modification of the information in the Annex, including requests for replacement of a vessel on the list by another vessel, shall be notified to the Commission by the Member State whose flag the currently listed vessel 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 notified 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 abovementioned provisions. It shall notify all Member States of these modifications, which shall take effect from a date determined by the Commission.
5. The Commission shall periodically publish a replacement of the list, taking into account the approved modifications referred to in this Article.
Article 4
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 December 1987.