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

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  12.12.1996 
COM(96)  665  final 

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 Latvia 

(presented  by the  Commission) 

EXPLANATORY  MEMORANDUM 

In  conformity  with  the  new  framework  Agreement  on  Fisheries  Relations  between  the 
European  Community  and  the  Republic  of  Latvia,  concluded  on 
, 
consultations were held between the Community and Latvia in Brussels from 7 to 8 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 Latvian 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)  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 Latvia 

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(,), 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  Latvia(2), concluded  on  .... 
,...., and in particular Articles 3 and 6 thereof, the Community  and Latvia 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 Latvia; 

Whereas  it  is  for  the  Council  to  lay  down  the  specific  conditions  under  which  catches  by 
vessels flying  the flag  of Latvia 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, 

(i) 

(2) 

(3) 

(4) 

OJNoL389,  31.12.1992,  p. 1. 
OJ No C 276, 21.9.1996,  p. 8. 
OJ No L 261, 20.10.1993,  p. 1. 
OJNoL  132, 21.5.1987,  p. 9. 

HAS  ADOPTED  THIS  REGULATION: 

Article J 

1. 
From  1 January  to  31  December  1997,  vessels  flying  the  flag  of  Latvia  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 shall be 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. 

Notwithstanding  paragraph  1, unavoidable  by-catches of a species for which no quota 
3. 
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. 

4. 
Those  vessels  which  have  chilled  or refrigerated  sea-water  tanks  shall  keep on board 
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 

Fishing under the quotas fixed in Article  1 shall be permitted only where a licence and 
1. 
a  special  fishing  permit has been issued by the Commission,  on behalf of  the  Community, at 
the request of the Latvian 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. 

t 

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. 

3. 
Licences  and  special  fishing  permits  shall  be  issued  provided  that  the  number  of 
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. 

Each licence  and special fishing permit shall  be valid  for one  vessel  only.  Where two 
5. 
or  more  vessels  are  taking  part  in  the  same  fishing  operation,  each  vessel  must  be  in 
possession  of  a licence  and special  fishing  permit. 

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

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 spécial  fishing  permit shall 
9. 
be issued for any vessel  in respect of which the obligations laid down in this Regulation have 
not  been met. 

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

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 

ANNEX I 

Latvian  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) 

ICES IIId(,) 

ICES IIId(,) 

ICES IIId(,) 

ICES IIId(1) 

2,000 

2,500 

11,000 

3,500(2) 

Number of 
Licences(3) 

90 (42) 

} 
} 20 (14) 

} 

6(4) 

(I) 

(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 five 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. 

? 

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. 

information  to  the  Commission  of  the  European 

After  each  transmission  of 
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. 

2 

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,  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: 
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. 

°i 

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 
Goteborg 
R0nne 
Maarianhamina 
Helsinki 

OXB 
DAFDAK 
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 
SOJ 
(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; 

VO 

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). 

W 

ISSN 0254-1475 

COM(96) 665 final 

DOCUMENTS 

EN 

03  11  15 

Catalogue number  : CB-CO-96-677-EN-C 

ISBN 92-78-13375-2 

Office  for Official  Publications of the European  Communities 

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