L 13/59 EN Official Journal of the European Communities 18.1.1999
COUNCIL REGULATION (EC) No 50/1999
of 18 December 1998
laying down, for 1999, certain measures for the conservation and management of fishery
resources applicable to vessels flying the flag of Norway
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the EuropeanCommunity,
Having regard to Council Regulation (EEC) No 3760/92
of 20 December 1992 establishing a Community systemfor fisheries and aquaculture (
1) and in particular Article
8(4) thereof,
Having regard to the proposal from the Commission,Whereas, in accordance with the procedure provided for
in Articles 2 and 7 of the Fisheries Agreement betweenthe European Economic Community and the Kingdom ofNorway (
2), the Community and Norway have held
consultations concerning their mutual fishing rights for1999 and the management of common biologicalresources;
Whereas, in the course of these consultations, the
delegations agreed to recommend to their respectiveauthorities that certain catch quotas for 1999 should befixed for the vessels of the other party;
Whereas the Agreement of 19 December 1966 between
Denmark, Norway and Sweden on reciprocal access tofishing in the Skagerrak and Kattegat provides that eachparty shall grant vessels of the other parties access to itsfishing zone in the Skagerrak and part of the Kattegat upto four nautical miles from the baselines;
Whereas, in a setting comprising the Community, the
Faeroes, Iceland, Norway and the Russian Federation,consultations were also held on the management andsharing of Norwegian spring-spawning herring(Atlanto-Scandian herring) in 1999;
Whereas these consultations led, inter alia , to subsequent
arrangements on reciprocal access, under which Norwaymay fish 9 000 tonnes of its share in Community fishingwaters north of 62° N;
(1) OJ L 389, 31.12.1992, p. 1. Regulation as last amended by
Regulation (EC) No 1181/98 (OJ L 164, 9.6.1998, p. 1).
(2) OJ L 226, 29.8.1980, p. 48.Whereas it is for the Council to lay down the specific
conditions under which such catches must be taken;
Whereas the fishing activities covered by this Regulation
are subject to the control measures provided for inCouncil Regulation (EEC) No 2847/93 of 12 October1993 establishing a control system applicable to thecommon fisheries policy (
3);
Whereas Article 3(2) of Commission Regulation (EEC)
No 1381/87 of 20 May 1987, establishing detailed rulesconcerning the marking and documentation of fishingvessels (
4), provides that all vessels with chilled or
refrigerated sea-water tanks are to keep on board adocument certified by a competent authority andspecifying the calibration of the tanks in cubic metres at10-centimetre intervals;
Whereas, for imperative reasons of common interest, this
Regulation will apply from 1 January 1999,
HAS ADOPTED THIS REGULATION:
Article 1
1. Vessels flying the flag of Norway are hereby
authorised until 31 December 1999 to fish for the specieslisted in Annexes I and IA, within the geographical andquantitative limits laid down therein and in accordancewith this Regulation, in the 200-nautical-mile fishingzone of the Member States in the North Sea, Skagerrak,Kattegat, Baltic Sea and Atlantic Ocean north of43° 00
9N.
2. Fishing authorised pursuant to paragraph 1 shall be
limited to those parts of the 200-nautical-mile fishingzone lying seawards of 12 nautical miles from thebaselines from which the fishing zones of Member Statesare measured; however, fishing in the Skagerrak will beallowed seawards of four nautical miles from the Danishbaselines.
(3) OJ L 261, 20.10.1993, p. 1. Regulation as last amended by
Regulation (EC) No 2205/97 (OJ L 304, 7.11.1997, p. 1).
(4) OJ L 132, 21.5.1987, p. 9.
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3. Fishing in the parts of ICES division IIIa bounded in
the west by a line drawn from the Hanstholm lighthouseto the Lindesnes lighthouse and in the south by a linedrawn from the Skagen lighthouse to the Tistlarnalighthouse and from there to the nearest point on theSwedish coast shall not be subject to quantitativelimitations, with the exception of fishing for mackereland saithe.
4. Notwithstanding paragraph 1, unavoidable by-catches
of species for which no quota has been fixed in a givenzone shall be permitted within the limits laid down by theconservation measures in force in the zone concerned.
5. By-catches, in a given zone, of a species for which a
quota is established in that zone shall be counted againstthe quota concerned.
Article 2
1. Vessels fishing within the quotas fixed in Article 1
shall comply with the conservation and control measuresand all other provisions governing fishing in the zonesreferred to in that Article.
2. The vessels referred to in paragraph 1 shall keep a
log-book in which the information set out in Annex IIshall be entered.
3. The vessels referred to in paragraph 1, except for
those fishing in ICES division III a, shall transmit to theCommission, in accordance with the rules laid down inAnnex III, the information set out in that Annex.
4. Those vessels referred to in paragraph 1 which have
chilled or refrigerated sea-water tanks shall keep onboard a document certified by a competent authority andindicating the calibration of the tanks in cubic metres at10-centimetre intervals.
5. The registration letters and numbers of the vessels
referred to in paragraph 1 must be clearly marked on thebow of each vessel on both sides.
Article 3
1. When fishing in any ICES division under the quotas
fixed in Article 1, vessels exceeding 200 GRT must holda licence and special fishing permit issued by theCommission on behalf of the Community and mustobserve the conditions as established by that licence andspecial fishing permit.
By way of derogation from the first subparagraph, 10
licences and special fishing permits valid on any one dayshall be issued by the Commission on behalf of theCommunity for vessels fishing herring in ICES division
II a (north of 62° N).
Norway shall notify to the Commission the name and
characteristics of the vessels for which licences andspecial fishing permits may be issued.
2. The Commission shall issue the fishing licences and
special fishing permits referred to in paragraph 1 to allvessels for which a licence and special fishing permit isrequired by the Norwegian authorities.
Requests for amendments to the list of vessels licensed
may be made at any time and shall be processedexpeditiously.
3. When an application for a licence and special fishing
permit is submitted to the Commission, the followinginformation must be supplied:
(a) name of the vessel;(b) registration number;(c) external identification letters and numbers;(d) port of registration;(e) name and address of the owner or charterer;(f) gross tonnage and overall length;
(g) engine power;(h) call sign and radio frequency;(i) intended method of fishing;(j) intended area of fishing;(k) species for which it is intended to fish;(l) period for which a licence is required.
4. Each licence and special fishing permit shall be valid
for one vessel only. Where two or more vessels are takingpart in the same fishing operation, each vessel must be inpossession of a licence and special fishing permit.
5. Licences and special fishing permits may be cancelled
with a view to the issue of new licences and specialfishing permits. Such cancellations shall take effect on theday before the date of issue of the new licences andspecial fishing permits by the Commission. New licencesand special fishing permits shall take effect from theirdate of issue.
6. Licences and special fishing permits shall be wholly or
partially withdrawn before the date of expiry if therespective quotas fixed in Article 1 have beenexhausted.
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7. Licences and special fishing permits shall be
withdrawn in the event of any failure to meet theobligations laid down in this Regulation.
8. For a period not exceeding 12 months, no licence and
special fishing permit shall be issued for any vessel inrespect of which the obligations laid down in thisRegulation have not been met.
9. The Commission shall submit on behalf of the
Community, to Norway, the name and the characteristicsof the Norwegian vessels which will not be authorised tofish in the Community’s fishing zone for the nextmonth(s), as a consequence of an infringement ofCommunity rules.
Article 4
Fishing within the quotas fixed in Article 1 for blue ling,
ling and tusk, shall be permitted provided that use ismade of the method commonly known as ‘long-lining’ inICES division V b and sub-areas VI and VII.Article 5
The use of trawls and purse seines for the capture of
pelagic species shall be prohibited in the Skagerrak fromSaturday midnight to Sunday midnight.
Article 6
Vessels authorised to fish on 31 December may continue
their fishing activities as from the beginning of thefollowing year, on the basis of this authorisation, untilthe new lists of vessels for the year in question have beenapproved by the Commission on behalf of theCommunity.
Article 7
This Regulation shall enter into force on the day of its
publication in the Official Journal of the European
Communities .
It shall apply from 1 January 1999.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels, 18 December 1998.
For the Council
The President
W. MOLTERER
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ANNEX I
Norwegian catch quotas for 1999
(in metric tonnes, fresh round weight)
Species Area within which fishing is authorised Quantity
Mackerel ICES VI a (2), VII d, e, f, h, II a 12 020 (6)
Herring ICES VI a (2) 2 400
Sprat ICES IV 19 000Cod ICES IV 12 510Haddock ICES IV 10 000Saithe ICES IV, Skagerrak (
3) 50 000
Whiting ICES IV 4 400Plaice ICES IV 3 375Mackerel ICES IV, III a 40 400 (
7)
Sandeel, Norway pout, blue whiting ICES IV 50 000 (8)
Blue whiting ICES II, IV a, VI a (2), VI b, VII (4) 235 000 (9)(10)
Blue ling ICES IV, V b, VI, VII, II a 1 000 (11)(12)
Ling, tusk ICES IV, V b, VI, VII, II a 16 000 (11)(12)
Dogfish ICES IV, VI, VII 600 (13)
Basking shark (1) ICES IV, VI, VII 100
Porbeagle ICES IV, VI, VII 200Shrimp ICES IV 100Other species ICES IV, II a 5 000 (
14)
Herring ICES IV a, b 50 000Horse mackerel ICES IV 2 000Combined quota ICES V b, VI, VII 1 000 (
15)
Greenland halibut ICES II a, VI (5) 1 055
(1) Basking shark liver.
(2) North of 56°30 9 N.
(3) Limited in the west by a line drawn from the Hanstholm lighthouse to the Lindesnes lighthouse and in the south by a
line drawn from the Skagen lighthouse to the Tistlarna lighthouse and from there to the nearest coast of Sweden.
(4) West of 12°00 9W.
(5) Taken with long lines only in sub-area VI.
(6) Of which 12 020 tonnes may be fished from 1 October to 31 December 1999 in Community waters in division
IV a.
(7) May be fished in division IV a only, except for 3 000 tonnes which may be fished in division III a.
(8) Of which sandeel alone not more than 50 000 tonnes or Norway pout and blue whiting together not more than 50 000
tonnes. Up to 10 000 tonnes of the Norway pout quota may be fished in division VI a north of 56°30 9N. However,
this quantity should be deducted from the quota of sandeel, Norway pout and blue whiting in sub-area IV.
(9) Of which no more than 40 000 tonnes may be fished in division IV a.
(10) Of which up to 9 000 tonnes of Argentine may be fished.
(11) Of which an incidental catch of other species of 25 % per ship, at any moment, is authorised in sub-areas VI and VII.
However, this percentage may be exceeded in the first 24 hours following the beginning of the fishing on a specificground. The total incidental catch of other species in sub-areas VI and VII shall not exceed 3 000 tonnes.
(
12) Of which ling may be a maximum of 13 000 tonnes, tusk a maximum of 7 000 tonnes and blue ling a maximum of
3 000 tonnes. Taken with long lines in division V b and sub-areas VI and VII.
(13) Including catches taken with long lines of grey shark and black shark, bird beak dogfish, leafscale gulper shark, greater
lantern shark, smooth lantern shark and Portuguese dogfish.
(14) Including fisheries not specifically mentioned; exceptions may be introduced after consultations, as appropriate; catches
of sole shall be limited to by-catches only.
(15) Taken with long lines only, including rat tails, mora mora and greater fork beard.
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ANNEX IA
Norwegian spring-spawning herring (Atlanto-Scandian herring)
Norwegian catch quotas for 1999
(in tonnes, fresh round weight)
Species Area within which fishing is authorised Quantity
Herring ICES II a 9 000
ANNEX II
When fishing within the 200-nautical-mile zone off the coasts of the Member States of the Community
which is covered by Community rules on fisheries, the following details are to be entered in the log-bookimmediately after the following events:
1. After each haul:
1.1. the quantity (in kilograms live-weight) of each species caught;1.2. the date and the time of the haul;1.3. the geographical position in which the catches were made;1.4. the fishing method used.
2. After each transhipment to or from another vessel:
2.1. the indication ‘received from’ or ‘transferred to’;2.2. the quantity (in kilograms live-weight) of each species transhipped;2.3. the name, external identification letters and numbers of the vessel to or from which the transhipment
occurred.
3. After each landing in a port of the Community:
3.1. name of the port;3.2. the quantity (in kilograms live-weight) of each species landed.
4. After each transmission of information to the Commission of the European Communities:
4.1. date and time of the transmission;4.2. type of message: IN, OUT, ICES, WKL or 2 WKL;4.3. in the case of radio transmission: name of the radio station.
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ANNEX III
1. The information to be transmitted to the Commission of the European Communities and the
timetable for its transmission are as follows:
1.1. On each occasion the vessel enters the 200-nautical-mile zone off the coasts of the Member States of
the Community which is covered by Community rules on fisheries:
(a) the information specified under 1.5;(b) the quantity (in kilograms) of each species of fish in the hold;(c) the date and ICES division within which the master intends to commence fishing.
Where the fishing operations necessitate more than one entry into the zones referred to under 1.1 on a
given day, one communication shall suffice on first entry.
1.2. On each occasion the vessel leaves the zone referred to under 1.1:
(a) the information specified under 1.5;(b) the quantity (in kilograms live-weight) of each species of fish in the hold;(c) the quantity (in kilograms live-weight) of each species caught since the previous transmission;(d) the ICES division in which the catches were taken;(e) the quantity (in kilograms live-weight) of each species transferred to and/or from other vessels
since the vessel entered the zone and the identification of the vessel to which the transfer wasmade;
(f) the quantity (in kilograms live-weight) of each species landed in a port of the Community since the
vessel entered the zone.
Where the fishing operations necessitate more than one entry into the zones referred to under 1.1 on a
given day, one single communication on the last exit will be sufficient.
1.3. At three-day intervals, commencing on the third day after the vessel first enters the zones referred to
under 1.1 when fishing for herring and mackerel, and at weekly intervals, commencing on the seventhday after the vessel first enters the zones referred to under 1.1 when fishing for all species other thanherring and mackerel:
(a) the information specified under 1.5;(b) the quantity (in kilograms live-weight) of each species caught since the previous transmission;(c) the ICES division in which the catches were made.
1.4. On each occasion the vessel moves from one ICES division to another:
(a) the information specified under 1.5;(b) the quantity (in kilograms live-weight) of each species caught since the previous transmission;(c) the ICES division in which the catches have been taken.
1.5. (a) The name, call sign, external identification letters and numbers of the vessel and the name of its
master;
(b) the licence number if the vessel is under licence;(c) the serial number of the message for the voyage concerned;(d) identification of the type of message;(e) the date, the time and the geographical position of the vessel.
2.1. The information specified under point 1 shall be transmitted to the Commission of the European
Communities in Brussels (telex 24189 FISEU-B) via one of the radio stations listed under point 3below and in the form specified under point 4.
2.2. If it is impossible for reasons of force majeure for the message to be transmitted by the vessel, it may
be transmitted on the vessel’s behalf by another vessel.
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3. Name of radio station Call sign of radio station
Skagen OXP
Blåvand OXBRønne OYENorddeich DAF DAK
DAH DALDAI DAMDAJ DAN
Scheveningen PCHOostende OSTNorth Foreland GNFHumber GKZCullercoats GCCWick GKRPortpatrick GPKAnglesey GLVIlfracombe GILNiton GNIStonehaven GNDPortishead GKA
GKBGKC
Land’s End GLDValentia EJKMalin Head EJMBoulogne FFBBrest FFUSaint-Nazaire FFOBordeaux-Arcachon FFCThorshavn OXJBergen LGNFarsund LGZFlorø LGLRogaland LGQTjøme LGTÅlesund LGA
4. Form of the communications
The information specified under point 1 shall contain the following particulars, which shall be given
in the following order:
— name of vessel;— call sign;— external identification letters and numbers;— serial number of the message for the voyage in question;— indication of the type of message according to the following code:
— message when entering one of the zones referred to under 1.1: ‘IN’,— message when leaving one of the zones referred to under 1.1: ‘OUT’,— message when moving from one ICES division to another: ‘ICES’,— weekly message: ‘WKL’,— three-day message: ‘2 WKL’;
— the date, the time and the geographical position;— the ICES divisions/sub-areas in which fishing is expected to commence;— the date on which fishing is expected to commence;— the quantity (in kilograms live-weight) of each species of fish in the hold using the code mentioned
in point 5;
— the quantity (in kilograms live-weight) of each species of fish caught since the previous
transmission using the code mentioned in point 5;
— the ICES divisions/sub-areas in which the catches were made;
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— the quantity (in kilograms live-weight) of each species transferred to and/or from other vessels
since the previous transmission;
— the name and call sign of the vessel to and/or from which the transfer was made;— the quantity (in kilograms live-weight) of each species landed in a port of the Community since the
previous transmission;
— the name of the master.
5. The code to be used to indicate the species on board as mentioned in 4 above:
PRA — Northern deep-water prawn ( Pandalus borealis ),
HKE — Hake ( Merluccius merluccius ),
GHL — Greenland halibut ( Reinhardtius hippoglossoides ),
COD — Cod ( Gadus morhua ),
HAD — Haddock ( Melanogrammus aeglefinus ),
HAL — Halibut ( Hippoglossus hipploglossus ),
MAC — Mackerel ( Scomber scombrus ),
HOM — Horsemackerel ( Trachurus trachurus ),
RNG — Round-nose grenadier ( Coryphaenoides rupestris ),
POK — Saithe ( Pollachius virens ),
WHG — Whiting ( Merlangus merlangus ),
HER — Herring ( Clupea harengus ),
SAN — Sandeel ( Ammodytes spp.),
SPR — Sprat ( Sprattus sprattus ),
PLE — Plaice ( Pleuronectes platessa ),
NOP — Norway pout ( Triopterus esmarkii ),
LIN — Ling ( Molva molva ),
PEZ — Shrimp ( Panaeidae ),
ANE — Anchovy ( Engraulis encrasicholus ),
RED — Redfish ( Sebastes spp.),
PLA — American plaice ( Hippoglossoides platessoides ),
SQX — Squid ( Illex spp.),
YEL — Yellowtail flounder ( Limanda ferruginea ),
WHB — Blue whiting ( Micromesistius poutassou ),
TUN — Tuna ( Thunnidae ),
BLI — Blue ling ( Molva dypterygia ),
USK — Tusk ( Brosme brosme ),
DGS — Dogfish ( Squalus acanthias ),
BSK — Basking shark ( Cetorinhus maximus ),
POR — Porbeagle ( Lamma nasus ),
SQC — Common squid ( Loligo spp.),
POA — Atlantic pomfret ( Brama brama ),
PIL — Sardine ( Sardina pilchardus ),
CSH — Common shrimp ( Crangon crangon ),
LEZ — Megrim ( Lepidorhombus spp.),
MNZ — Angler/monk ( Lophius spp.),
NEP — Norway lobster ( Nephrops norvegicus ),
POL — Pollack ( Pollachius pollachius ),
ARG — Argentine ( Argentina sphyraena ),
OTH — Other.