Proposal for a COUNCIL REGULATION (EEC) laying down for 1994 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Estonia
Date: 1993-11-26
Institutions: European Commission
Subjects: USSR, conservation of fish stocks, fishery management, fishing area, fishing rights, republic

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

COM(93) 611 final 

Brussels, 26 November  1993 

mk^.„ 

Proposal  for a 
COUNCIL REGULATION (EEC) 

allocating for  1994 catch quotas between Member States for vessels 
fishing  in Estonian waters 

Proposal  for a 
COUNCIL REGULATION (EEC) 

laying down for  1994 certain measures for the conservation  and management of 
fishery  resources applicable to vessels flying the flag of Estonia 

(presented by the Commission) 

i 

EXPLANATORY  MEMORANDUM 

Consultations between the Community and Estonia, held in Tallinn on 11-
12  October  1993,  have  resulted  in  an  agreement  defining  reciprocal 
fisheries  arrangements  for  1994.  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 1994 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  compensation 
of ECU 343.614 in accordance with article 7 of the framework agreement, 
and  a  financial  contribution  of  ECU  35,000  for  the  promotion  of  the 
setting  up  of  joint  ventures,  as  foreseen  under  article  8  of  the 
framework agreement. 

Proposal  for a 

COUNCIL REGULATION  (EEC) No 

/.. 

of 

1993 

allocating, for 1994, 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  (4) 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 1994 
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  1994 
should be fixed  for the vessels of the other Party; 

Whereas  the  necessary  measures  should  be  taken  to  implement,  for  1994,  the 
results of the consultations held between the delegations  of the Community and 
Estonia; 

Whereas to ensure efficient management  of the catch possibilities  available in 
Latvian waters, 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  2847/93 
of  12  October  1993  establishing  a  control  system  applicable  to  the  Common 
Fisheries Policy(*); 

f1)  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 261, 20.10.1993, p. 1. 

HAS ADOPTED THIS REGULATION 

Art icle 1 

From  1 January  to  31  December  1994  vessels  flying  the  flag  of  a Member  State 
are  hereby  authorised  to make  catches  within  the  quota  limits  set  out  in  the 
Annex  in waters  falling within  the fisheries  jurisdiction of Estonia. 

Art icle 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 343.614, 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  35,000, payable  to 
an account  designated  by Estonia. 

This Regulation  shall  enter  into force on  the  1 January  1994 

Art icle 3 

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

Done at Brussels, 

For  the Counci 
The President 

5" 

ANNEX 

Allocation of Community catch quotas in Estonian waters for 1994 

(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 

300 

Herring 

III d 

5000 

Salmon 

III d 

3000<1> 

Sprat 

III d 

10000 

Denmark 
Germany 

210 
90 

Denmark  2850 
Germany  2150 

Denmark  2700<1) 
300(*) 
Germany 

Denmark  7900 
Germany  2100 

(!)  Numbers of  individual  fish 

<r 

EXPLANATORY  MEMORANDUM 

In  accordance  with  the  framework  fisheries  agreement,  consultations 
were held between the Community  and Estonia in Tallinn on 11-12 October 
1993,  resulting  in  an  agreement  on  reciprocal  fisheries  arrangements 
for  1994, 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  1994  in  Community 
waters, in accordance with the above mentioned  reciprocal arrangements. 

Proposal  for a 

COUNCIL REGULATION  (BBC) HO  ..../.. 

of 

1993 

laying down for 1994 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  aquaculturet1),  and  in 
particular Article 8  (4) 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(2),  and  in  particular  Articles  3  and  6  thereof,  the  Community  and 
Estonia have held consultations concerning their mutual  fishing rights for 1994 
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  1994 
should be fixed  for the vessels of the other Party; 

Whereas  the  necessary  measures  should  be  taken  to  implement,  for  1994,  the 
results of the consultations  held between the delegations  of the Community  and 
Estonia; 

Whereas  it  is  for the Council  to  lay down the  specific  conditions  under  which 
catches by vessels fiying the flag of Estonia must be taken; 

Whereas  the  fishing  activities  covered  by  this  Regulation  are  subject  to  the 
control  measures  provided  for  by  Council  Regulation  No  2847/93  of  12  October 
1993  establishing  a  control  system  appliable  to  the  Common  Fisheries 
Policy(3); 

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 
vessels(4)  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 261, 20.10.1993, p. 1. 
<4)  OJ No L 132, 21.05.1987, p. 2. 

A2/doyle/EST/REG-93/93-2 

HAS ADOPTED THIS REGULATION: 

s 

Article i 

1. From  1 January  to  31 December  1994 vessels  flying  the  flag of Estonia  are 
hereby  authorised  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. 

2. Fishing  authorised  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  referred  to  in paragraph  1 shall  keep  a  log-book  in which  the 
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  issueîd  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  shall process expeditiously  requests for adjustments to a monthly 
list during  its currency. 

<3 

Licences shall b-  issued for the purposes of paragraph  "" provided that the 

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

20 for the fishing of cod; 

12 for the fishing of herring and sprat. 

Only  fishing vessels under 40 metres will be authorized. 

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

(a 

name of vessel; 

(b 

(c 

registration number; 

external identification letters and numbers; 

(d 

port of registration; 

(e 

(f 

name and address of the owner or charterer; 

gross tonnage and overall length; 

(9 

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 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. 

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

yiO 

Art i cle  4 

Where  an  infringement  is  duly  found  to  have  taken  place,  the  Member  States 
shall  without  deî^y  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  1 January  1994 

Art icle  5 

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

Done  at  Brussels, 

For  the  CounciI 
The  President 

^M 

ANNEX I 

Estonian catch quotas for 1994 

Species 

Area within which 
fishing is authorised 

Quantity 
(Tonnes) 

Cod 

Herring 

Sprat 

ICES III d 

ICES III d 

ICES III d 

300 

2000 

2000 

At 

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: 

•'-•. \ „ 

<:!, ,...;:  z ' u\  u;;.r:.3 of  -;.hî"! tr a:isn.\:i^'iu.' .-

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. 

A2> 

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 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)  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 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)  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. 

A Li 

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 
Ilfracombe 
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 

* 

I 

" 

•- 

r\ 

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; 

^ 
* 

A*C 

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). 

•\  < 

46 

F I N A N C I AL 

S T AT  K  M  K  N  T 

Datx* 

/ 1 9 93 

1.  IKxiget  l i ne  c o n n e c t ed 

: 

(37  -  8 00 

2.  Action  -. 

F i s h e r i es  Arrangement  E E C - E s t o n ia 

f or  1 9 94 

3.  Legal  basis  : 

F i s h e r i es  Agreement  E E C - E s t o n ia  -  OJ  No  L 5 6,  9 / 3 / 1 9 9 3,  Page  1 

4-  O b j e c t i v es  : 

f i s h i ng  quotas  f or  Community  v e s s e ls 

in  the  E s t o n i an 

f or  t he  e s t a b l i s h m e nt  of  J o i nt 

To  o b t a in 
F i s h i ng  Zone,  and  c o n t r i b u t i on 
V e n t u r e s. 

5-  F i n a n c i al  consequence  : 

fox  t he  marketing  year  c u r r e nt  f i n a n c i al  year 

following  f i n a n c i al  year 

5-0  Expenditure 

-charged  to  t he  EC  budget 
( r efunds/i liter v e n ti ons ) 

-charged  to  n a t i o n al  adrrunistr. 
-charged  to  other  n a t i o n al  groups 

5-1  Receipts 

-own  r e s o u r c es  of  t he EC 
( l e v i e s / c u s t o ms  d u t i e s) 

- n a t i o n al 

(1994 

3 7 8.  6 1 4'  E CU 

5.2  Method  of  c a l c u l a t i on 

Compensation  f or  f i sh  quotas 
C o n t r i b u t i on  under  A r t i c le  8 

( A r t i c le  7) 

6 .0  Financing  p o s s i b le  w i th  c r e d i ts  i n s c r i b ed  in  r e l e v a nt  c h a p t er  of  c u r r e nt  budget? 

6 .1  Fixancing  p o s s i b le  by  t r a n s f er  bet»een  c h a p t e rs  of  c u r r e nt  budget? 

6.2 Necessity for a supplementary budget? 

6-3  C r e d i ts  to  be  w r i t t en  i n to  future  budgets? 

3 4 3 . 6 1 4E CU 
_35 .p_qp  ECU 

3 7 8 . 6 1 4 E CU 

YEStn 

YES1I1 

ME/NO 

Y E S iM 

Cfcrnnents : 

The  financial  compensation  has been  negotiated  on the basis of 
average landing prices in 1992 in Baltic Community  ports. Deduction has 
been made  for estimated exploitation costs for each of the species. 
The  financial  contribution  under  Article  8  of  the  Framework  Agreement 
has  been  calculated  on the basis  of  10% of  the  value  of  the  financial 
compensation under Article 7. 

Af 

' 

ISSN 0254-1475 

COM(93) 611 final 

DOCUMENTS 

EN 

1103 

Catalogue number : CB-CO-93-650-EN-C 

ISBN 92-77-61851-5 

Office for Official Publications of the European Communities 
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