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 Lithuania
Date: 1996-12-12
Institutions: European Commission
Subjects: Lithuania, conservation of fish stocks, fishery management, fishing licence, fishing regulations

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  12.12.1996 
COM(96)  657  final 

Proposal  for  a 

COUNCIL  REGULATION  fEC) 

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

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

In  conformity  with  the  new  framework  Agreement  on  Fisheries  Relations  between  the 
European  Community  and  the  Republic  of  Lithuania,  concluded  on 
, 
consultations  were  held  between  the  Community  and  Lithuania  in  Vilnius  from  4  to  5 
November  1996,  resulting  in  an  agreement  on  a  reciprocal  fisheries  arrangement  for  1997, 
covering  the  fishing  rights of each party  in the zone of  the  other. 

Taking  into  account  that  the  annual  consultations  occurred  prior  to  the  ratification  of  the 
Agreement on Fisheries Relations being terminated, the fisheries arrangement agreed for  1997 
will  only  be  implemented  from  the date of  its entry  into  force. 

The  purpose  of  this  proposal  for  a  regulation  is  to  authorise  Lithuanian  vessels  to  fish  the 
quotas allocated  to them for  1997 in waters of the Community,  in accordance with the above 
mentioned  reciprocal  arrangement. 

£ 

Proposal  for  a 

COUNCIL  REGULATION  (EC) r 

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

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 aquaculture0}, 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  the  Agreement  on  Fisheries 
Relations  between  the  European  Community  and  the  Republic  of  Lithuania(2),  concluded  on 
, and in particular Articles 3 and 6 thereof, the Community and  Lithuania 
have held  consultations concerning their mutual fishing rights  for  1997 and the  management 
of  common  living resources; 

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  the  necessary  measures  should  be  taken  to  implement,  for  1997, the  results  of  the 
consultations  held  with  Lithuania; 

Whereas  it  is  for  the  Council  to  lay  down  the  specific  conditions  under  which  catches  by 
vessels  flying  the flag of Lithuania  can be taken; 

Whereas the fishing  activities covered  by this Regulation  are subject  to the 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*; 

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, indicating  the calibration  of the tanks  in  cubic 
metres  at  10-centimetre  intervals, 

(1) 
(2) 
(3) 
(4) 

OJ No  L 389, 31.12.1992,  p.  1. 
OJ No C  284, 27.9.1996,  p. 8. 
OJ No  L 261, 20.10.1993, p.  1. 
OJ No  L  132,21.5.1987,  p. 9. 

3 

HAS  ADOPTED  THIS  REGULATION: 

Article 1 

1. 
From  1 January  to 31 December  1997, vessels  flying  the flag  of Lithuania 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. Fishing for cod is prohibited  in the Baltic 
Sea,  the  Belts  and  the  Sound  from  10 June to 20 August  1997  inclusive. 

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  and  south of  59°30'  North. 

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  in that  zone 

4. 
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 zone referred  to in that 
Article. 

The  vessels shall  keep  a log-book  in which the information  set  out  in Annex  II  shall 

2. 
be  entered. 

The vessels shall transmit  to the Commission,  in accordance  with the rules laid  down 

3. 
in Annex  III, the  information  set out  in that Annex. 

Those  vessels which  have chilled  or refrigerated  sea-water  tanks  shall  keep on  board 
4. 
a document, certified  by a competent authority, indicating the calibration of the tanks in cubic 
metres  at  10-centimetre intervals. 

The registration  letters and numbers of vessels must  be clearly  marked on the bow of 

5. 
each  vessel  on both sides. 

Article 3 

1. 
Fishing under the quotas fixed in Article  1 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  Lithuanian  authorities  and  in  compliance  with  the  conditions  set  out  in 
Annexes  II  and  III.  Copies  of  these  Annexes  and  the  licence  and  the  special  fishing  permit 
shall  be  kept  on board  of each vessel. 

U 

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 
expeditiously  process  requests  for  adjustments  to a monthly  list  during  its duration. 

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

2. 
Commission,  the  following  information  must  be supplied: 

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

name  of  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 requested. 

Licences  and  special  fishing  permits  shall  be  issued  provided  that  the  number  of 
3. 
licences valid at any time during a given month or year does not exceed the amount mentioned 
in Annex  I. 

4. 

Only  fishing  vessels under 43 metres are authorised  to fish. 

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  be  in 
possession  of  a licence and  special fishing permit. 

Licences  and  special fishing permits  may be cancelled  with  a view to  the  issuing  of 
6. 
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 

7. 
date of  expiry  if the respective  quotas fixed under Annex I have been  exhausted. 

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

8. 
meet the  obligations  laid  down  in this Regulation. 

For a period not exceeding twelve months, no licence and special fishing  permit shall 
9. 
be issued  for  any vessel in respect of which the obligations laid down in this Regulation have 
not been  met. 

The Commission, on behalf of the Community, shall submit to Lithuania the names and 
10. 
characteristics of Lithuanian 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. 

<r 

Article 4 

Vessels authorised to fish on 31 December may continue fishing as from  the beginning of next 
year  until  the  list  of vessels permitted  to fish during  the year  in question  is submitted  to and 
approved  by  the  Commission  on behalf  of the  Community. 

This  Regulation  shall  enter  into  force  on  1 January  1997. 

Article 5 

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 

G 

ANNEX I 

Lithuanian  catch  quotas  and  licences  for  1997 

Fishing zone  of the  Members  States  of  the  Community 

Species 

Cod 

Herring 

Sprat 

Salmon 

Area  within  which 
fishing  is  authorised 

Quantity 
(tonnes) 

Number  of 
Licences{3) 

ICES IIId(1) 

ICES IIId(,) 

ICES IIId(1) 

ICES IIId(,) 

2,000 

1,000 

6,500 

1,000(2) 

}  70 (62) 

(1) 

(2) 

(3) 

Beyond  12-nautical-miles from the  baselines from which  the  territorial  sea  is  measured  and  south  of 
59*30'  North. 
Number  of  individual  fish. 
The  number  of  licences  and  special  fishing  permits  valid  at  any  given  time  is  mentioned  between 
brackets.  In addition, a maximum  of.four  transport refrigerator  vessels will be authorised  in the herring 
and  sprat  fisheries,  but  no more  than  three vessels will  be authorised  at  any  given time. 

H 

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. 

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) or each  species  transhipped; 
the name, external  identifications  letters and numbers of the vessel to or  from 
which  the transhipment  occurred; 
transhipment  of cod  is not  allowed. 

2.4. 

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

name  of the 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  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) 
(b) 
(c) 

the  information  specified  under  1.5; 
the  quantity  (in kilograms  live-weight)  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 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 zone 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,  arid  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: 
the  information  specified  under  1.5; 
(a) 
the  quantity  (in  kilograms  live-weight)  of  each  species  caught  since  the 
(b) 
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 

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 
Rtfnne 
Maarianhamina 
Helsinki 

OXB 
DAFDAK 
DAHDAL 
DAI  DAM 
DAJDAN 
PCH 
OST 
GNF 
GKZ 
GCC 
GKR 
GPK 
GLV 
GIL 
GNI 
GND 
GKA 
GKB 
GKC 
GLD 
EJK 
EJM 
FFB 
FFU 
FFO 
FFC 
SÔJ 
(no call  sign) 
SOG 
OYE 
OHM 
OHG 

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; 

sLD 

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 
SAL 
HER 
SPR 

- 
- 
- 
- 

Cod  (Gadus morhua), 
Salmon  (Salmo salar), 
Herring  (Clupea harengus), 
Sprat  (Sprattus sprattus). 

^M 

ISSN 0254-1475 

COM(96) 657 final 

DOCUMENTS 

EN 

03  11 

Catalogue  number  :  CB-CO-96-670-EN-C 

ISBN  92-78-13298-5 

Office  for Official  Publications of the European Communities 

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