Proposal for a COUNCIL REGULATION (EC) laying down, for 1997, certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of the Faroe Islands
Date: 1996-12-12
Institutions: European Commission
Subjects: Faroes, conservation of fish stocks, fishery management, fishing area, fishing licence

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  12.12.1996 
COM(96)  670  final 

Proposal  for  a 

COUNCIL  REGULATION .(hC'J 

aving  down,  for  1997.  certain  measures  for  the  conservation  and  management 
o(  fiMict)  resources  applicable  to  vessels  flying  the  flag  of  the  Faroe  Islands 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

The  consultations  between  the  Community  and  the  Faroe  Islands,  held  in  Brussels  on 
22 October  1996,  resulted  in an agreement on reciprocal  fisheries  arrangements  for  1997. 
These arrangements imply, inter alia, certain catch quotas for Faroese vessels in Community 
waters. 

The purpose of this proposal for a regulation is to authorize Faroese vessels to fish,  as from 
1 January  1997,  the  quotas  allocated  to  them  in  Community  fishing  waters  for  1997,  in 
accordance  with the above mentioned arrangements. 

z 

Proposal  for  a 

COUNCIL  REGULATION  (EC)  No 

/96 

of  ....  December  1996 

laying  down,  for  1997, certain  measures  for  the conservation  and  management 
of  fishery  resources  applicable  to vessels  flying  the  flag  of  the  Faroe  Islands 

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), as amended by the Act of Accession of 
Austria,  Finland  and  Sweden,  and  in particular  Article  8 (4) thereof, 

Having  regard  to the proposal  from  the  Commission, 

Whereas,  in accordance  with the procedure  provided  for  in Article  2 of the  Agreement  on 
fisheries  between the European Economic Community, of the one part, and the Government 
of  Denmark  and  the  Home  Government  of  the  Faroe  Islands,  of  the  other  part(2),  the 
Community  and  the  Home  Government  of  the  Faroe  Islands  have  held  consultations 
concerning  their  mutual  fishing  rights  for  1997; 

Whereas,  in the course of these consultations, the delegations agreed to recommend  to their 
respective authorities that certain catch quotas for  1997 should be fixed  for the vessels of the 
other  party; 

Whereas  measures  should  be taken to implement  the results  of these consultations  between 
the Community  and  the  Faroe  Islands and  thus prevent  any  interruption  of mutual  fisheries 
relations  as  at  31 December  1996; 

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(3); 

(1) 

(2) 

(3) 

OJNoL389,  31.12.1992, p. 1. 

OJNo  L 226,  29.8.1980,  p.  11. 

OJ No  L261,  20.10.1993,  p. 1. 

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, 

HAS ADOPTED THIS REGULATION: 

Article 1 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

Vessels  registered  in the  Faroe  Islands  are  hereby  authorized,  from  1 January  to 
31  December  1997, 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,  the Baltic  Sea and the Atlantic  Ocean north of 43°00'N. 

Fishing  authorized under paragraph  1 shall  be  limited,  except  in the  Skagerrak,  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. 

Notwithstanding  paragraph  1, unavoidable by-catches of species for 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 
shall be counted against the quota concerned. 

Article 2 

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  shall keep a log book in which the information set out in Annex II shall 
be entered. 

The vessels shall transmit to the Commission, in accordance with the rules laid down 
in Annex III, the information set out in that Annex. 

(4) 

OJNoL  132, 21.5.1987,  p. 9. 

4. 

5. 

1. 

2. 

Those vessels 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. 

The registration letters and numbers of the vessels must be clearly marked on the bow 
of each vessel  on both sides 

Article 3 

Fishing shall be permitted only where a licence and a special fishing permit issued by 
the Commission on behalf of the Community  and in compliance  with the conditions 
set out in Annexes II and III. 

Licences and special  fishing  permits shall be issued for the purposes of paragraph 1 
provided that the number of licences and special fishing permits valid on any one day 
does not exceed: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

14 for the fishing of mackerel in ICES divisions Via (north of 56°30'N), Vile, 
f  and  h,  sprat  in  ICES  sub-area  IV  and  division  Via  (north  of  56°30'N), 
horse-mackerel  in ICES  sub-area  IV  and divisions  Via  (north of  56°30'N), 
Vile,  f and h and herring in ICES division Via (north of 56°30'N); 4 for the 
fishing  of herring  in ICES division Ilia N (Skagerrak); 

15 for the fishing of Norway pout in ICES sub-area IV and division Via (north 
of  56°30'N)  and sand-eel  in ICES sub-area IV; 

20 for the fishing,  by long line,  of ling,  tusk and blue ling  in ICES divisions 
Via (north of 56°30'N) and VIb; however, the total number of vessels allowed 
to fish  simultaneously  shall  not exceed  10; 

16  for  the  fishing,  by  trawl,  of  blue  ling  in  ICES  divisions  Via  (north  of 
56°30'N) and VIb; 

20 for the fishing of blue whiting in ICES sub-area VII (west of 12°00'W) and 
ICES divisions Via (north of 56°30'N)  and VIb; 

3  for  the  fishing,  by  long-line,  of  porbeagle  in the  whole  Community  zone 
with the exception of NAFO 3PS. 

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

Commission,  the following  information must be supplied: 

(a) 
(b) 
(c) 
(d) 

name of the vessel; 
registration number; 
external  identification  letters and numbers; 
port of registration; 

*. 

(e) 
(0 
(g) 
(h) 
(i) 
(j) 
(k) 
(1) 

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  and a special  fishing  permit  is requested. 

4. 

5. 

6. 

7. 

8. 

9. 

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. 

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

Licences and special fishing permits shall be withdrawn in the event of any failure to 
meet the obligations  laid down in this Regulation. 

For a period not exceeding  12 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. 

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

Article 4 

Fishing  in the Skagerrak  shall be subject to the following  conditions: 

1. 

2. 

direct  fishing  for  herring  for  purposes  other  than  human  consumption  shall  be 
prohibited; 

the use of trawls and purse seines for the capture of pelagic species shall be prohibited 
from  Saturday midnight to Sunday midnight. 

Article 5 

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 6 

This Regulation shall enter into force  on  1 January  1997. 

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

Done at Brussels,  ....  December  1996. 

For the Council 
The President 

\ 

ANNEX I 

Faroese  catch  quotas for  1997 

1. 

Quotas  for  Faroese  vessels  fishing  in Community  fishing  waters 

. 

„ 
P 

Fishing  zone: ICES 
sub-area/division 

Quantity 
(tonnes) 

Ling,  tusk,  blue  ling 

Blue  ling 

Mackerel 

Herring 

VIa(1),  VIb 

VIa(,),  VIb 

VIa(1),  Vile,  f,  h 

VIa(1) 

Horse  mackerel 

IV,  VIa(1),  Vile,  f,  h 

Norway  pout 
Sprat 
Sandeel 

Blue  whiting 

Other  white  fish 
(by-catches  only) 

Herring 

Porbeagle 

IV, VIa{1) 
IV,  VIa(1) 
IV 

VIa(1),  VIb, VII(2) 
IV,  VIa(1) 

Ilia  N (Skagerrak)(3) 

Entire  Community  zone 
except  NAFO  3PS 

I 

(4)(5) 

(6) 

(7) 

800 

940 

3,930 

660 

7,000 

1 
J  20,000 

62,000 

(8) 

(9) 

400 

500 

125 

(4) 

| 

(i) 

(2) 

(3) 

(4) 

(5) 

(8) 

(9) 

North  of  56°30'N. 
West of  12°00'W. 
Limited  in the west by a line drawn from  the lighthouse of Hanstholm  to the lighthouse of  Lindesnes and 
in the south by line drawn  from  the lighthouse of  Skagen to the lighthouse of Tistlama and  from  there to 
the  nearest  coast of  Sweden. 
To be  fished  by  long-line. 
Of  which  an  incidental  catch  of  other  species  of  20%  per  ship,  at  any  moment,  is  authorized  in  ICES 
divisions  Via  and  b.  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 Via and b may 
not exceed  75 tonnes. 
To be  fished  by  trawl;  by-catches  of  roundnose  grenadier  and  black  scabbard  to be  counted  against  this 
quota. 
Of which  1,000  tonnes may be fished  from  1  October to 31 December  1997 in Community waters of ICES 
division  IVa. 
The  overall  quota  (including  for  Norway  pout  and  sandeel,  unavoidable  by-catches  of  blue  whiting) 
includes a maximum of 2,000 tonnes of sprat. A maximum of 6,000 tonnes of Norway pout may be  fished 
in  ICES division  Via  north  of  56°30'N  subject  to the provision  on  request  by  the Community  of  details 
of  the quantity  and composition of  any by-catch  taken. 
Unavoidable  by-catches  of  Argentine  to be counted  against  this quota. 

% 

2.  Quotas for Faroese vessels fishing in Greenland waters according to Article 1  (3) of 

the EEC/Greenland Fisheries Protocol(1) (shown for information only) 

Species 

Northern deep-water prawns 
(Pandalus borealis) 

Fishing zones: 
ICES division or 
K r im 
NAFO sub-area 

u 

XIV/V 

Greenland halibut 

NAFO 0/1 

Redfish 

Capelin 

(i)  OJNoC287,  15.10.1994, p. 11 

XIV/V 

XIV/V 

XIV/V 

. 

0 
,. 
; 
(tonnes) 

1,150 

150 

150 

500 

10,000 

S 

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. 
1.3. 
1.4. 

the date and the time of the haul; 
the geographical  position in which the catches were made; 
the fishing  method used. 

2.  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 ietters 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. 
4.3. 

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

io 

ANNEX III 

1. 

1.1. 

The information to be transmitted to the Commission of the European Communities 
and the timetable for  its transmission are as follows: 

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 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 was made; 

(0  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  seventh  day  after  the  vessel  first  enters  the  zone 
referred to under  1.1  when fishing  for all species other than herring 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 serial  number of the message  for the voyage concerned; 
(c)  identification  of the type of message; 
(d)  the date,  the time and the geographical  position of the vessel. 

l\ 

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 
Renne 
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 
Torshavn 
Bergen 
Farsund 
Flora 
Rogaland 
Tj0me 
Âlesund 

OXP 
OXB 
OYE 
DAF DAK 
DAHDAL 
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 
OXJ 
LGN 
LGZ 
LGL 
LGQ 
LGT 
LGA 

12. 

\. 

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. 

5. 

The code to be used to indicate the species on board as mentioned in point 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 - Roundnose  grenadier (Coryphaenoides  rupestris), 
POK - Saithe (Pollachius  virens), 
WHG - Whiting  (Merlangus  merlangus), 
HER - Herring  (Clupea harengus), 
SAN  - Sand-eel  (Ammodytes spp.), 
SPR - Sprat (Sprattus sprattus), 
PLE - Plaice  (Pleuronectes platessa), 
NOP - Norway pout (Trisopterus esmarkii), 
LIN - Ling  (Molva  molvd), 

\% 

PEZ - Shrimp  (Panaeidae), 
ANE - Anchovy  (Engraulis  encraslcholus), 
RED - Redfish  (Sebastes spp.), 
PLA - American plaice  (Hippoglossoides platessoides), 
SQX  - Squid (IIlex  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. 

,Lt 

ISSN 0254-1475 

COM(96) 670 final 

DOCUMENTS 

EN 

03  11  15 

Catalogue number  :  CB-CO-96-682-EN-C 

ISBN 92-78-13430-9 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg