COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 12.12.1997 
COM(97) 705 final 
Proposal for a 
COUNCIL REGULATION (EC) 
laying down for 1998 certain measures for the conservation and management of fishery 
resources applicable to vessels flying the flag of Poland* 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
In accordance with the Act of Accession of Austria, Finland and Sweden, the fisheries 
agreements concluded by these countries with third countries shall be managed by the 
Community. 
On the basis of the bilateral Fisheries Agreement concluded between Poland and Sweden in 
1978, the Community, on behalf of Sweden, held consultations with Poland which resulted in 
a reciprocal Fisheries Arrangement for 1998. 
The purpose of this proposal for a regulation is to authorise Polish vessels to fish the quotas 
allocated to them for 1998 in Community waters, in accordance with the above mentioned 
reciprocal arrangements. 
si 
Proposal for a 
COUNCIL REGULATION (EC) 1 
laying down for 1998 certain measures for the conservation and management of fishery 
resources applicable to vessels flying the flag of Poland* 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, 
Having regard to Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a 
Community system for fisheries and aquaculture1, and in particular Article 8 (4) thereof, 
Having regard to the proposal from the Commission, 
Whereas, in accordance with Article 124 of the 1994 Act of Accession, fisheries agreements 
concluded by the Kingdom of Sweden with third countries are managed by the Community; 
Whereas, in accordance with the procedure provided for in the Agreement on fisheries of 
1 February 1978, the Community, on behalf of the Kingdom of Sweden, and the Republic of 
Poland have held consultations concerning their mutual fishing rights for 1998; 
Whereas, in the course of these consultations, the delegations agreed to recommend to their 
respective authorities that certain catch quotas for 1998 should be fixed for the vessels of the 
other Party; 
Whereas the necessary measures should be taken to implement, for 1998, the results of the 
consultations held with Poland; 
Whereas it is for the Council to lay down the specific conditions under which catches,by 
vessels flying the flag of Poland must be taken; 
Whereas the fishing activities covered by this Regulation are subject to the relevant control 
measures provided for by Council Regulation (EEC) No 2847/93 of 12 October 1993 
establishing a control system applicable to the common fisheries policy2; 
OJ No L 389, 31.12.1992, p. 1. Regulation as amended by the 1994 Act of Accession. 
2 OJ No L261, 20.10.1993, p. 1. 
b. 
Whereas Article 3 (2) of Commission Regulation (EEC) No 1381/87 of 20 May 1987 
establishing detailed rules concerning the marking and documentation of fishing vessels3 
provides that all vessels with chilled or refrigerated sea-water tanks are to keep on board a 
document certified by a competent authority and indicating the calibration of the tanks in 
cubic metres at 10-centimetre intervals, 
Whereas, for imperative reasons of common interest, this Regulation will apply from 
1 January 1998, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. From 1 January to 31 December 1998, vessels flying the flag of Poland are hereby 
authorized to fish for the species listed in Annex I, within the geographical and 
quantitative limits laid down therein and in accordance with this Regulation, in the 
200-nautical-mile fishing zone of the Member States in the Baltic Sea; fishing for cod 
shall be prohibited in the Baltic Sea, the Belts and the Sound from 10 June to 
20 August 1998 inclusive. 
2. Fishing authorized under paragraph 1 shall be limited to those parts of the 200-
nautical-mile fishing zone lying seawards of 12-nautical-miles from the baselines from 
which the fishing zones of Member States are measured. 
3. Notwithstanding paragraph 1, unavoidable by-catches of a species for which no quota 
is established in a zone shall be permitted within the limits fixed in the conservation 
measures in force in the zone concerned. 
4. By-catches in a given zone of a species for which a quota is established in that zone 
shall be counted against the quota concerned. 
Article 2 
1. Vessels fishing within the quotas fixed in Article 1 shall comply with the conservation 
and control measures and all other provisions governing fishing in the zones referred 
to in that Article. 
2. The vessels shall keep a log-book in which the information set out in Annex II shall 
be entered. 
3. The vessels shall transmit to the Commission, in accordance with the rules laid down 
in Annex HI, the information set out in that Annex. 
OJNoL132, 21.5.1987, p. 9. 
k 
4. Those vessels which have chilled or refrigerated sea-water tanks shall keep on board a 
document certified by a competent authority and indicating the calibration of the tanks 
in cubic metres at 10-centimetre intervals. 
5. The registration letters and numbers of the vessels must be clearly marked on the bow 
of each vessel on both sides. 
Article 3 
1. Fishing shall be permitted only where a licence and a special fishing permit has been 
issued by the Commission on behalf of the Community at the request of the Polish 
authorities and in compliance with the conditions set out in Annexes II and HE. Copies 
of these Annexes, the licence and a special fishing permit shall be kept on board of 
each vessel. 
The vessels to be licensed for fishing in the Community zone during a given month 
will be notified at the latest by the tenth day of the preceding month. The Community 
shall process expeditiously requests for adjustments to a monthly list during its 
currency. 
2. When an application for a licence and a special fishing permit is submitted to the 
Commission, the following information must be supplied: 
(a) name of 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; 
(1) period for which a licence and a special fishing permit are requested. 
3. Licences and special fishing permits shall be issued provided that the number of 
licences and special fishing permits valid at any time during a given month or year 
does not exceed the amounts mentioned in Annex I. 
4. Only fishing vessels under 45 metres will be authorized. / 
5. Each licence and special fishing permit shall be valid for one vessel only. Where two 
or more vessels are taking part in the same fishing operation, each vessel must rie in 
possession of a licence and special fishing permit. 
5~ 
6 Licences and special fishing permits may be cancelled with a view to the issue of new 
licences and special fishing permits. Such cancellations shall take effect on the day 
before the date of issue of the new licences and special fishing permits by the 
Commission. New licences and special fishing permits shall take effect from their date 
of issue. 
1. Licences and special fishing permits shall be wholly or partially withdrawn before the 
date of expiry if the respective quotas fixed in Article 1 have been exhausted. 
8. Licences and special fishing permits shall be withdrawn in the event of any failure to 
meet the obligations laid down in this Regulation. 
9. For a period not exceeding twelve months, no licence and special fishing permit shall 
be issued for any vessel in respect of which the obligations laid down in this 
Regulation have not been met. 
10. The Commission shall submit, on behalf of the Community, to Poland the names and 
characteristics of their respective vessels which will not be authorized to fish in the 
Community's fishing zone for the next month(s) as a consequence of an infringement 
of Community rules. 
Article 4 
Vessels authorized to fish on 31 December may continue fishing as from the beginning of the 
next year until the lists of vessels permitted to fish during the year in question are submitted 
to and approved by the Commission on behalf of the Community. 
Article 5 
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 1998. 
This Regulation shall be binding in its entirety and directly applicable in all Member States. 
Done at Brussels, December 1998. 
For the Council 
The President 
ANNEX I 
Polish catch quotas for 1998 
Fishing zone of Sweden (i) 
Species 
Herring 
Sprat 
Cod 
Flounder Area within which 
fishing is authorized 
ICESHId 
ICESmd 
ICES md 
ICES md Quantity 
(tonnes) 
5000 
5 000 
400 
400 Number of 
licences 
} 40p> 
} 
} 
(1) 
(2) Swedish waters south of 59° 30' North in the Baltic Sea 
A maximum of 3 non-fishing mother ships may also be used simultaneously. 
V 
ANNEX H 
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 m me log-book immediately 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 transshipment to or from another vessel: 
2.1. the indication "received from" or "transferred to"; 
2.2. the quantity (in kilograms live-weight) or each species transshipped; 
2.3. the name, external identifications letters and numbers of the vessel to or from which 
the transshipment occurred. 
2.4 transshipment of cod is not allowed 
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. 
? 
ANNEX HI 
1. The information to be transmitted to the Commission and the timetable for its 
transmission is 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 live-weight) 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 zone 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) me 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 >vhich the transfer was made; 
(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 any 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 
zone referred to under 1.1 when fishing for herring, and at weekly intervals, 
commencing on the seventh day after the vessel first enters the zone referred to under 
1.1 when fishing for all species other than herring: 
(a) me 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) me 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; 
<3> 
(d) identification of the type of message; 
(e) me date, me 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 3 below and in the form specified under point 4. 
2.2. If it is impossible for reasons of force majeure for the message ta be transmitted by 
the vessel, it may be transmitted on the vessel's behalf by another vessel. 
Name of radio station 
Blâvand 
Norddeich 
Scheveningen 
Oostende 
North Foreland 
Humber 
Cullercoats 
Wick 
Portpatrick 
Anglesey 
Ilfracombe 
Niton 
Stonehaven 
Portishead 
Land's End 
Valentia 
Malin Head 
Boulogne 
Brest 
Saint-Nazaire 
Bordeaux-Arcachon 
Stockholm 
Gryt 
Gôteborg 
Ronne 
Maarianhamina 
Helsinki Call sign of radio station 
OXB 
DAFDAK 
DAH DAL 
DAI DAM 
DAJDAN 
PCH 
OST 
GNF 
GKZ 
GCC 
GKR 
GPK 
GLV 
GIL 
GNI 
GND 
GKA 
GKB 
GKC 
GLD 
EJK 
EJM 
FFB 
FFU 
FFO 
FFC 
SDJ 
(no call sign) 
SOG 
OYE 
OHM 
OHG 
ÀJD 
4. Form of the communications 
The information specified under point 1 shall contain the following elements 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 division/sub-areas in which the catches were made; 
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 point 4 above: 
COD - Cod (Gadus morhua), 
SAL - Salmon (Salmo salar), 
HER - Herring (Clupea harengus), 
SPR - Sprat (Sprattus sprattiis). 
WHB - Blue Whiting (Micromesistiùs poutassou) 
OTH- Other 
POK - Saithe (Pollachius virens) 
FLE -. Flounder (Platichthys flesus) 
FLX - Flat fish (Pleuronectiformes) 
M 



ISSN 0254-1475 
COM(97) 705 final 
DOCUMENTS 
EN 03 11 14 
Catalogue number : CB-CO-97-724-EN-C 
ISBN 92-78-29248-6 
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