Proposal for a COUNCIL REGULATION (EEC) laying down for 1993 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Estonia
Date: 1993-10-08
Institutions: European Commission
Subjects: USSR, conservation of fish stocks, fishery management, fishing area, fishing rights, republic

COMVIISSION  OF  THE  EUROPEAN  CŒVMUNITIES 

COM(93) 482 final 

Brussels,  8 October  1993 

;|fe; 

Proposal  for a 

COUNCIL  REGULATION  (EEC) 

laying down for 1993 certain measures for the conservation and management 
of fishery resources applicable to vessels flying the flag of Estonia 

Proposal  for a 

COUNCIL  REGULATION  (FFCÏ 

allocating, for 1993, catch quotas between Member States 
for vessels fishing in Estonian waters 

(presented  by  the Commission) 

MtrfV'" "l*'j • '* 

EXPLANATORY  MEMORANDUM 

In  accordance  with  the  framework  fisheries  agreement,  consultations 
were  held  between  the  Community  and  Estonia  in  Brussels  on  15-16  July 
1993,  resulting  in  an  agreement  on  reciprocal  fisheries  arrangements 
for  1993, covering  the  fishing  rights of each party  in the  zone of  the 
other. 

The  purpose of  this proposal  for a regulation  is to  authorise  Estonian 
vessels  to  fish  the  quotas  allocated  to  them  for  1993  in  Community 
waters,  in accordance with the above mentioned  reciprocal arrangements. 

Proposal  for a 

COUNCIL  REGULATION  (EEC) 

laying  down  for  1993  certain  measures  for  the  conservation  and  management 
of  fishery  resources  applicable  to  vessels  flying  the  flag  of  Estonia 

THE  COUNCIL  OF  THE  EUROPEAN  COMMUNITIES, 

Having  regard  to  the  Treaty  establishing  the  European  Economic  Community, 

Having  regard  to  Council  Regulation  (EEC)  No  3760/92  of  20  December  1992 
establishing  a  Community  system  for  fisheries  and  aquaculture(1),  and  in 
particular  Article  8  thereof, 

Having  regard  to  the  proposal  from  the  Commission, 

Whereas,  in  accordance  with  the  procedure  provided  for  in  the  Fisheries 
Agreement  between  the  European  Economic  Community  and  the  Government  of 
E s t o n i a ^ ),  and  in  particular  Articles  3  and  6  thereof,  the  Community  and 
Estonia  have  held  consultations  concerning  their  mutual  fishing  rights  for  1993 
and  the  management  of  common  biological  resources; 

Whereas,  in  the  course?  of  these  consultations,  the  delegations  agreed  to 
recommend  to  their  respective  authorities  that  certain  catch  quotas  for  1993 
should  be  fixed  for  the  vessels  of  the  other  Party; 

Whereas  the  necessary  measures  should  be  taken  to  implement,  for  1993,  the 
results  of  the  consultations  held  between  the  delegations  of  the  Community  and 
Estonia; 

Whereas  the  fishing  activities  covered  by  this  Regulation  are  subject  to  the 
control  measures  provided  for  by  Council  Regulation  No  2241/87  of  23  July  1987 
establishing  certain  control  measures  for  fishing  a c t i v i t i e s ^ ),  as  amended 
by  Regulation  (EEC)  No  3 4 8 3 / 8 8 <4); 

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 
v e s s e l s ^'  provides  that  all  vessels  with  chilled  or  refrigerated  sea-water 
tanks  are  to  keep  on  board  a  document  certified  by  a  competent  authority  and 
specifying  the  calibration  of  the  tanks  in  cubic  metres  at  10-centimetre 
intervals ; 

(!)  OJ  No  L  389,  31.12.1992,  p.  1. 
(2)  OJ  No  L  56,  09.03.1993,  p.  1. 
(3)  OJ  No  L  207,  29.07.1987,  p.  1. 
(4)  OJ  No  L  306,  11.11.1988,  p.  2. 
(5)  OJ  No  L  132,  21.05.1987,  p.  2. 

HAS ADOPTED  THIS REGULATION: 

Article 1 

1.  Vessels  flying  the  flag of Estonia  are hereby  authorised  until  31 December 
1993  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  authorised  under  paragraph  1  shall  be  limited  to  those  parts  of 
2. 
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. 

By-catches  in  a given  zone  of  a  species  for  which  a quota  is  established 

4. 
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. 

The vessels  referred  to  in paragraph  1 shall  keep  a  log-book  in which the 

2. 
information  set out  in Annex  II  shall be entered. 

3. 
The  vessels  referred  to  in  paragraph  1  shall  transmit  to  the  Commission, 
in accordance with the rules  laid down  in Annex  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  on  board  a  document  certified  by  a 
competent  authority  and  specifying  the calibration  of the tanks  in cubic metres 
at 10-centimetre  intervals. 

5.  The  registration  letters  and  numbers  of  the  vessels  referred  to  in 
paragraph  1 must be clearly marked  on the bow of each vessel on both sides. 

Article 3 

1. 
Fishing  within  ICES  sub-area  III  division  d  under  the  quotas  fixed  in 
Article  1  shall  be  permitted  only  where  a  licence  has  been  issued  by  the 
Commission  on  behalf  of  the  Community  at  the  request  of  the  Estonian 
authorities  and  in  compliance  with  the  conditions  set  out  in  Annexes  II  and 
III.  Copies  of  these  Annexes  and  the  licence  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  Bhall  procens expeditiously  requests  for adjustments  to a monthly 
list during  its currency. 

Licences  shall be  issued  for the purposes of paragraph  1 provided that the 

2. 
number of  licences valid  at any time during  a given month does not exceed: 

20 for the fishing of cod; 

20 for the fishing of herring  and sprat. 

3.  When  an  application  for  a  licence  is  submitted  to  the  Commission,  the 
following  information must be supplied: 

(a 

name of vessel; 

(b 

registration  number; 

(c 

(d 

(e 

(f 

(g 

(h 

(i 

(J 

(k 

(1 

external  identification  letters and numbers; 

port of  registration; 

name and  address of the owner or charterer; 

gross tonnage and overall  length; 

engine power; 

call  sign and radio  frequency; 

intended method  of  fishing; 

intended  area of  fishing; 

species  for which  it is intended  to fish; 

period  for which  a licence  is requested. 

4. 
Each  licence  shall  be  valid  for  one  vessel  only.  Where  two  or  more 
vessels  are  taking  part  in  the  same  fishing  operation,  each  vessel  must  be  in 
possession of a licence. 

5. 
Licences may  be  cancelled  with  a view  to the  issue of  new  licences.  Such 
cancellations  shall  take effect  on the day  before  the date  of  issue of  the new 
licences  by  the Commission.  New  licences  shall  take  effect  from  their  date of 
issue. 

Licences  shall  be wholly  or partially  withdrawn  before  the date  of  expiry 

6. 
if the respective quotas fixed  in Article  1 have been  exhausted. 

Licences  shall  be  withdrawn  in  the  event  of  any  failure  to  meet  the 

7. 
obligations  laid down  in this Regulation. 

8. 
For  a period  not  exceeding  12 months, no  licence  shall  be  issued  for  any 
vessel  in  respect  of  which  the  obligations  laid  down  in  this  Regulation  have 
not been met. 

9. 
Vessels authorised  to  fish on  31 December may  continue  fishing  as  from the 
beginning  of  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. 

f 

Article 4 

Where  an  infringement  is  duly  found  to  have  taken  place,  the  Member  States 
shall  without  delay  inform  the  Commission  of  the  name  of  the  vessel  concerned 
and of any action they  have taken. 

The  Commission  shall  submit, on  behalf  of  the  Community,  to  Estonia  the  names 
and  characteristics  of  the  Estonian  vessels  which  will  not  be  authorised  to 
fish  in the Community's  fishing  zone  for the  next month(s)  as a consequence of 
an  infringement  of Community  rules. 

This  Regulation  shall  enter  into  force  on  the  date  of  its  publication  in  the 
Official Journal of the EC. 

Article 5 

This Regulation  shall be binding  in its entirety  and directly  applicable  in all 
Member States. 

Done at Brussels, 

For the Council 
The  President 

^ 

ANNEX I 

Estonian catch quotas  for 1993 

Species 

Area within which 
fishing  is authorised 

Quantity 
(Tonnes) 

Cod 

Herring 

Sprat 

ICES  III d 

ICES  III d 

ICES III d 

200 

2000 

2000 

to 

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-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 transhipment  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  transhipped; 

2.3. 

the  name, external  identifications  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. 

f-

ANNEX  III 

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  i nf orm.'it ion  specified  under  1.5; 
(b)  the  qwunt iLy  (in  kilocjramu  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) 
(b) 

(c) 

(d) 
(e) 

(f) 

the  information  specified  under  1.5; 
the  quantity  (in  kilograms  live-weight)  of  each  species  of  fish  in 
the  hold; 
the  quantity  (in  kilograms  live-weight)  of  each  species  caught 
since  the  previous  transmission; 
the  ICES  division  in  which  the  catches  were  taken; 
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  was  made; 
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)  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. 

S 

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  24  189 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  to  be 
transmitted  by  the vessel,  it may  be transmitted  on  the  vessel's  behalf 
by another vessel. 

3. 

Name of  radio station 

Call  sign of  radio  station 

Skagen 
Blavand 
Norddeich 

Scheveningen 
Oostende 
North Foreland 
Humber 
Cullercoats 
Wick 
Portpatrick 
Anglesey 
I Ifracomhc 
Niton 
Stonehaven 
Portishead 

Land's End 
Valentia 
Malin Head 
Boulogne 
Brest 
Saint-Nazaire 
Bordeaux-Arcachon 
Stockholm 
Goteborg 
Ronne 

OXP 
OXB 
DAF DAK 
DAH DAL 
DAI DAM 
DAJ DAN 
PCH 
OST 
GNF 
GKZ 
GCC 
GKR 
GPK 
GLV 
GIL 
GNI 
GND 
GKA 
GKB 
GKC 
GLD 
EJK 
EJM 
FFB 
FFU 
FFO 
FFC 
SOJ 
SOG 
OYE 

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  (Gadu  morhua), 
SAL  -  Salmon  (Salmo Salar), 
HER  -  Herring  (Clupea  harengus), 
SPR  -  Sprat  (Sprattus  sprattus). 

[O 

EXPLANATORY  MEMORANDUM 

Consultations  between  the  Community  and  Estonia,  held  in  Brussels  on 
15-16  July  1993,  have  resulted  in  an  agreement  defining  reciprocal 
fisheries  arrangements  for  1993.  These  arrangements  provide,  inter 
alia,  for  certain  catch  quotas  for  Community  vessels  in  the  Estonian 
fishing zone. 

The purpose  of  this proposal  for  a regulation  is to  allocate  among  the 
Member  States the quotas available  in 1993 to Community  vessels  fishing 
in the Estonian  zone under the above mentioned  arrangements. 

The  proposed  allocation  among  Member  States  of  quotas  for  herring, 
sprat and  salmon  has been based  on the key used  for allocations  outside 
Community  waters  in  the  Baltic  Sea.  The  allocation  for  cod  has  been 
based  on  the  1983  key  used  inside Community  waters  - giving  a  slightly 
higher  share  to  Germany  -  in  order  to  take  account  of  catches 
previously  made by the  former German Democratic  Republic  in the ex-USSR 
fishing  zone in the Baltic Sea. 

The proposal  also provides  for the payment  of  a  financial  contribution 
of  ECU  177,340  for  training,  as  foreseen  under  article  7  of  the 
framework  agreement, and a financial contribution  of ECU 20,000 for the 
promotion  of  the  setting  up  of  joint  ventures,  as  foreseen  under 
article 8 of the  framework agreement. 

Il 

Proposal  for a 

COUNCIL  REGULATION  (EEC) 

allocating,  for  1993,  catch  quotas  between  Member  States 
for  vessels  fishing  in  Estonian  waters 

THE  COUNCIL  OF  THE  EUROPEAN  COMMUNITIES, 

Having  regard  to  the  Treaty  establishing  the  European  Economic  Community, 

Having  regard  to  Council  Regulation  (EEC)  No  3760/92  of  20  December  1992 
establishing  a  Community  system  for  fisheries  and  aquaculture(*),  and  in 
particular  Article  8  thereof, 

Having  regard  to  the  proposal  from  the  Commission, 

Whereas,  in  accordance  with  the  procedure  provided  for  in  the  Fisheries 
Agreement  between  the  European  Economic  Community  and  the  Government  of 
Estonia(^),  and  in  particular  Articles  3  and  6  thereof,  the  Community  and 
Estonia  have  held  consultations  concerning  their  mutual  fishing  rights  for  1993 
and  the  management  of  common  biological  resources; 

Whereas,  in  the  course  of  these  consultations,  the  delegations  agreed  to 
recommend  to  their  respective  authorities  that  certain  catch  quotas  for  1993 
should  be  fixed  for  the  vessels  of  the  other  Party; 

Whereas  the  necessary  measures  should  be  taken  to  implement,  for  1993,  the 
results  of  the  consultations  held  between  the  delegations  of  the  Community  and 
Estonia; 

Whereas  to  ensure  efficient  management  of  the  catch  possibilities  available, 
they  should  be  allocated  among  the  Member  States  as  quotas  in  accordance  with 
Article  8  of  Regulation  (EEC)  No  3760/92; 

Whereas  the  fishing  activities  covered  by  this  Regulation  are  subject  to  the 
relevant  control  measures  provided  for  by  Council  Regulation  (EEC)  No  2241/87 
of 
fishing 
certain 
activities(3),  as  amended  by  Regulation  (EEC)  No  3 4 8 3 / 8 8 <4); 

establishing 

measures 

control 

July 

1987 

for 

23 

(!)  OJ  No  L  389,  31.12.1992,  p.  1. 
(2)  OJ  No  L  56,  09.03.1993,  p.  1. 
(3)  OJ  No  L  207,  29.07.1987,  p.  1. 
(4)  OJ  No  L  306,  11.11.1988,  p.  2. 

U 

HAS  ADOPTED  THIS  REGULATION: 

Article  1 

Vessels  flying  the  flag  of  a  Member  State  are  hereby  authorised  until 
31  December  1993  to  make  catches  within  the  quota  limits  set  out  in  the  Annex 
in  waters  falling  within  the  fisheries  jurisdiction  of  Estonia. 

Article  2 

1. 
The  financial  contribution  provided  for  in  Article  7  of  the  Agreement 
shall  be  set  for  the  period  referred  to  in  Article  1 at  ECU  177,340,  payable  to 
an  account  designated  by  Estonia. 

2. 
The  financial  contribution  provided  for  in  Article  8  of  the  Agreement 
shall  be  set  for  the  period  referred  to  in  Article  1 at  ECU  20,000,  payable  to 
an  account  designated  by  Estonia. 

The  Estonian  authorities  shall  inform  the  Community  on  the  way  these 

3. 
amounts  are  used  at  the  latest  nine  months  after  payment  of  same. 

This  Regulation  shall  enter  into  force  on  the  date  of  its  publication  in  the 
Official  Journal  of  the  European  Communities. 

Article  3 

This  Regulation  shall  be  binding  in  its  entirety  and  directly  applicable  in  all 
Member  States. 

Done  at  Brussels, 

For  the  Council 
The  President 

\ 

ANNEX 

Allocation of Community  catch quotas  in Estonian waters  for 1993 

(in metric tonnes  fresh round  weight; 
for salmon: numbers of  individual  fish) 

Species 

ICES Division 

Community 
Catch Quotas 

Quotas  allocated 
to Member  States 

Cod 

III d 

Herring 

III d 

100 

2000 

Salmon 

III d 

2000<1) 

Sprat 

III d 

2000 

Denmark 
Germany 

70 
30 

Denmark  1140 
860 
Germany 

Denmark  1800(1) 
Germany 

2 0 0i1) 

Denmark  1580 
420 
Germany 

(1)  Numbers of  individual  fish 

'4-

/-> 

ISSN 0254-1475 

COM(93) 482 final 

DOCUMENTS 

EN 

11 03 

Catalogue number : CB-CO-93-516-EN-C 

ISBN 92-77-59688-0 

Office for Official Publications of the European Communities 
1^2985 Luxembourg 

/ &•