Proposal for a COUNCIL REGULATION (EC) laying down, for 1995, certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Norway
Date: 1995-03-29
Institutions: European Commission
Subjects: Norway, catch quota, conservation of fish stocks, fishery management, fishing area, fishing licence, fishing permit, ship's flag

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.03.1995 
COM(95)  101  final 

Proposal  for a 

COUNCIL REGULATION (EC) 

laying down,  for  1995, certain measures  for  the conservation and management 
of fishery  resources  applicable to vessels  flying  the flag  of Norway 

(presented  by the Commission) 

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EXPLANATORY MEMORANDUM 

On 20 December  1994, the Council adopted Regulation (EC) No 3376/94 laying down,  for 
the period until 31 March  1995, certain measures  for  the conservation and management of 
fishery  resources  applicable to vessels flying  the flag of Norway. 

Consultations  between  the  Community  and  Norway  were  held  in  Brussels  from  22-25 
February  1995, resulting in an agreement on reciprocal fisheries arrangements for the entire 
year 1995. 

The purpose of this proposal for a Council Regulation is to authorise Norwegian vessels to 
fish  the  quotas  allocated  to  them  in  Community  waters  until  31  December  1995,  in 
accordance  with  the  above  mentionned  arrangements.  The  above  mentioned  Council 
Regulation will consequently be withdrawn. 

3 

Proposal  for a 

COUNCIL REGULATION (EC) No 

195 

of  ....March  1995 

laying down,  for  1995, 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 European 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 (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 between the European Economic Community and the Kingdom of Norway(2), the 
Community and Norway have held consultations concerning mutual fishing rights for  1995 
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  1995 should be fixed for the vessels of the 
other party; 

Whereas  Council  Regulation  (EC)  No  3376/94  laid  down  certain  measures  applicable  to 
vessels  flying  the flag  of  Norway  for  the period  until  31 March  1995 only;  Whereas  this 
Regulation should be withdrawn; 

Whereas the Agreement of  19 December  1966 between Denmark,  Norway and Sweden on 
reciprocal access to fishing in the Skagerrak and Kattegat provides that each party shall grant 
vessels of the other parties access to its fishing zone in the Skagerrak and part of the Kattegat 
up to four  nautical miles from  the baselines; 

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 relevant control 
measures  provided  for  in  Council  Regulation  (EC)  No  2847/93  of  12  October  1993 
establishing  a control  system  applicable to the common fisheries policy(3); 

(i) 

(2) 

(3) 

OJNoL389,  31.12.1992, p.  1. 
OJ No L 226, 29.8.1980, p. 48. 
OJNoL261,  20.10.1993, p.  1. 

Whereas  Articled  (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, 

H 

HAS ADOPTED  THIS  REGULATION: 

Article 1 

1. 
Vessels  flying  the flag  of Norway are hereby  authorised until 31 December  1995 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 North Sea,  Skagerrak,  Kattegat,  Baltic Sea and Atlantic Ocean, 
northof43°00'N. 

2. 
Fishing  authorised  pursuant  to  paragraph  1  shall  be  limited  to  those  parts  of  the 
200-nautical-mile  fishing  zone  lying  seawards  of  twelve  nautical  miles from the  baselines 
from  which  the  fishing  zones  of  Member  States  are  measured;  however,  fishing  in  the 
Skagerrak will be allowed  seawards  of  four nautical miles from the Danish baselines. 

3. 
Fishing  in the parts of ICES division Ilia bounded 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 point on the 
Swedish  coast  shall  not be  subject to quantitative  limitations,  with the exception of  fishing 
for  mackerel  and saithe. 

4. 
Notwithstanding  paragraph  1, unavoidable by-catches of  species lor  which no quota 
has  been  fixed  in  a  given  zone  shall  be  permitted  within  the  limits  laid  down  by  the 
conservation  measures  in force  in the zone concerned.  , 

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

5. 
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 information 

2. 
set out in Annex II shall be entered. 

The vessels referred to in paragraph 1, except for those fishing  in ICES division Ilia, 
3. 
shall transmit to the Commission* in accordance  with the rules  laid down in Annex III, the 
information  set out in that Annex. 

(4) 

OJNoL132,  21.5.1987, p. 9. 

Those vessels  referred to in paragraph  1 which have chilled or refrigerated  sea-water 
4. 
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.-

r 

The registration letters and numbers of the vessels referred to in paragraph 1 must be 

5. 
clearly  marked on the bow  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 hold a licence and special fishing permit issued by the Commission 
on behalf of  the Community  and must observe  the conditions as established by that licence 
and special  fishing  permit. 

Norway shall notify to the Commission the name and characteristics  of the vessels  for which 
licences  and special  fishing  permits  may be issued. 

The Commission  shall  issue the fishing  licences and special  fishing  permits  referred 
2. 
to in paragraph  1 to all vessels  for which a licence and special fishing permit is required by 
the Norwegian authorities. 

Requests  for amendments  to the list  of  vessels  licensed may be made at any time and shall 
be processed  expeditiously. 

When  an  application  for  a  licence  and  special  fishing  permit  is  submitted  to  the 

3. 
Commission,  the following  information must be supplied: 

(a) 
(b) 
(c) 
(d) 
(e) 
(f) 
(g) 
(h) 
(i) 
(j) 
(k) 
(1) 

name of  the vessel; 
registration  number; 
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 required. 

4. 
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  be  in 
possession  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 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. 

Licences and special fishing permits shall be wholly or partially withdrawn before the 

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

G 

Licences and special fishing permits shall be withdrawn in the event of any failure to 

7. 
meet the obligations  laid down in this Regulation. 

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

9. 
The Commission shall submit on behalf of the Community, to Norway, the name and 
the  characteristics  of  the  Norwegian  vessels  which  will  not  be  authorised  to  fish  in  the 
Community's  fishing  zone  the  next  month(s),  as  a  consequence  of  an  infringement  of 
Community rules. 

Article  4 

Fishing  within the quotas fixed in Article  1 for blue ling,  ling and tusk,  shall be permitted 
provided that use is made of the method commonly known as 'long-lining' in ICES division 
Vb 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  from  Saturday midnight to Sunday midnight. 

Article  6 

Vessels  authorised to fish on 31 December may continue their fishing activities as from the 
beginning  of  the  following  year,  on the  basis  of  this  authorisation,  until  the  new  lists  of 
vessels  for  the year  in question have been approved. 

Council  Regulation (EC) No  3376/94  of 20 December is hereby withdrawn. 

Article  7 

This  Regulation shall  enter into force  on  1 April  1995. 

Article  8 

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 

Norwegian  catch  quotas for  1995 

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(in metric  tonnes, fresh round weight) 

Ajpea  within  wltteh 
fishing  is authorised 

Onaittîtv 
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ICES  Via*2*, Vlld,  e, f, h,  Ha 

15,150^ 

ICES  Via» 

ICES  IV 

ICES IV 

ICES  IV 

ICES  IV,  Skagerrak(3) 

ICES  IV 

ICES  IV 

ICES  IV,  Ula 

6,200 

25,000 

11,400 

15,000 

45,000 

8,100 

4,500 

S O ^ O^ 

ICES  IV 

50,000<»> 

ICES  II,  IVa,  VIa(2),  VIb,  VII(4) 

ICES  IV,  Vb,  VI,  VII,  Ha 

ICES  IV,  Vb,  VI,  VII,  lia 

ICES  IV,  VI,  VII 

ICES  IV,  VI,  VII 

ICES  IV,  VI,  VII 

ICES  IV 

ICES  IV,  lia 

ICES  IVa,  b 

ICES  IV 

ICES  Vb,  VI,  VII 

ICES  Ha,  VI(5) 

225,000(9)(10) 

LOW11™ 

16,000(11)(12) 

1,100(13) 

100 

200 

100 

5,000(14) 

50,000(15) 

-  5,000 

2,000(16) 

1,700 

*' 

* 

™ 
^^Mj^^iriïriïriiijiiïiil;rilïrn/lïM 

Mackerel 

Herring 

Sprat 

Cod 

Haddock 

Saithe 

Whiting 

Plaice 

Mackerel 

Sand-f*1'  ^ay 

P 0 U t' 
Blue  Whiting 

Blue  Whiting 

Blue  Ling 

Ling,  Tusk 

Dogfish 

Basking  Shark(1) 

Porbeagle 

Shrimp 

Other  Species 

Herring 

Horse  Mackerel 

Combined  Quota 

Greenland  Halibut 

Basking  shark liver. 
Northof56*30'N. 
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. 
West of  12"00'W. 
Taken with long  lines only  in Sub-area VI. 
Of which  15,150  tonnes may be fished  from  1 October to 31  December  1995  in Community  waters in Division IVa. 
May  be fished  in Division IVa only,  except for 3,000  tonnes which may be fished  in Division Ula. 
Of which sand-eel 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 Via north of 56* 30'N.  However,  this quantity should 
be deducted  from the quota of  sand-eel,  Norway  pout and blue whiting  in Sub-area IV. 
Of which no more  than 40,000  tonnes may be fished  in Division IVa. 
Of which up to 9,000  tonnes of  Argentine  may be  fished. 
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 specific  ground.  The total 
incidental  catch of  other species  in Sub-areas VI and VII should not exceed  3,000 tonnes. 
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 Vb and Sub-areas VI and VII. 
Including catches taken with long lines of grey shark and black shark, bird beak dogfish, leafscale guiper shark, greater lantern 
shark,  smooth lantern shark and Portuguese  dogfish. 
Including fisheries not specifically  mentioned; exceptions may be introduced after consultations, as appropriate; catches of  sole 
shall be limited to by-catches  only. 
An additional  10,000  tonnes will be granted  if such an increase  is called  for. 
Taken with long  lines only;  including  rat tails, mora mora and greater fork beard. 

(10) 

(H) 

(U) 

(16) 

ANNEXE 

K 

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. 

2. 

3. 

4. 

After  each haul: 
1.1. 
1.2. 
1.3. 
1.4. 

the quantity  (in kilograms  live-weight)  of  each species  caught; 
the date and the time of the haul; 
the geographical  position  in which the catches were made; 
the fishing  method used. 

After  each transhipment  to or from  another vessel: 
2.1. 
2.2. 
2.3. 

the indication  "received  from" or  "transferred to"; 
the quantity  (in kilograms  live-weight)  of each species transhipped; 
the name,  external identification letters and numbers of the vessel to or from 
which the transhipment  occurred. 

After  each landing in a port of the Community: 
3.1. 
3.2. 

name of me port; 
the quantity  (in kilograms live-weight)  of each species  landed. 

After  each  transmission  of  information  to  the  Commission  of  the  European 
Communities: 
4.1. 
4.2. 
4.3. 

date and time of the transmission; 
type of  message:  IN,  OUT,  ICES,  WKL or 2 WKL; 
in the case  of  radio transmission:  name of the radio station. 

ANNEX HI 

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) 
(b) 
(c) 

the  information  specified  under  1.5; 
the quantity  (in kilograms)  of each species  of  fish  in the hold; 
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) 
(b) 
(c) 

(d) 

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. 

D 

(e) 

(f) 

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  seventh  day  after  the  vessel  first  enters  the  zones 
referred  to under  1.1 when fishing for  all  species  other man herring  and mackerel: 
(a) 
(b) 

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

(c) 

1.4.  On each occasion the vessel  moves  from  one ICES division to another: 

(a) 
(b) 

(c) 

the information  specified  under  1.5; 
the  quantity  (in  kilograms  live-weight)  of  each  species  caught  since  the 
previous  transmission; 
the ICES division  in which the catches have been taken. 

1.5. 

(a) 

(b) 
(c) 
(d) 
(e) 

The name,  call sign,  external  identification  letters  and numbers of  the vessel 
and the name of  its master; 
the licence number if the vessel  is under licence; 
the  serial  number of  the message  for the voyage concerned; 
identification  of  the type of message; 
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 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 
Blâvand 
Rerone 
Norddeich 

Scheveningen 
Oostende 
North Foreland 
Humber 
Cullercoats 
Wick 

OXP 
OXB 
OYE 
DAF  DAK 
DAHDAL 
DAI DAM 
DAJDAN 
PCH 
OST 
GNF 
GKZ 
GCC 
GKR 

Portpatrick 
Anglesey 
Ilfracombe 
Niton 
Stonehaven 
Portishead 

Land's  End 
Valentia 
Malin Head 
Boulogne 
Brest 
Saint-Nazaire 
Bordeaux-Arcachon 
Thorshavn 
Bergen 
Farsund 
Flora 
Rogaland 
Tjome 
Àlesund 

GPK 
GLV 
GIL 
GNI 
GND 
GKA 
GKB 
GKC 
GLD 
EJK 
EJM 
FFB 
FFU 
FFO 
FFC 
OXJ 
LGN 
LGZ 
LGL 
LGQ 
LGT 
LGA 

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; 
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. 

The code to be used to indicate the species  on board as mentioned m  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  hippoglossus), 
MAC  -  Mackerel  (Scomber scombrus), 
HOM  -  Horse-mackerel  (Trachurus  trachurus), 
RNG  -  Round-nose  grenadier  (Coryphaenoides mpestris)>, 
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 (Trisopterus  esmarkii), 
LIN  -  Ling  (Mol va 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. 

^ 

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