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 Poland
Date: 1996-12-12
Institutions: European Commission
Subjects: Poland, catch quota, fishery management, fishing area, fishing vessel

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  12.12.1996 
COM(96)662  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  Poland 

(presented by the  Commission) 

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EXPLANATORY MEMORANDUM 

In  accordance  with  the  Act  of  Accession  of  Austria,  Finland  and  Sweden,  the  fisheries 
agreements  concluded  by  these  countries  with  third  countries  shall  be  managed  by  the 
Community. 

On the basis of the bilateral Fisheries Agreement concluded between Poland and Sweden in 
1978, the Community, on behalf of Sweden, held consultations with Poland which resulted 
in a reciprocal Fisheries Arrangement for  1997. 

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

a. 

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 Poland 

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 Article  124 of the Act of Accession of Austria,  Finland  and 
Sweden, fisheries  agreements concluded by the Kingdom of Sweden with third countries are 
managed by the Community; 

Whereas,  in accordance  with the procedure  provided  for  in the  agreement  on fisheries  of 
1 February  1978,  the Community, on behalf of the Kingdom of Sweden,  and the Republic 
of Poland 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 the necessary  measures should be taken to implement, for  1997, the results of the 
consultations  held with Poland; 

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

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(2); 

(1) 

(2) 

O J N o L 3 8 9,  31.12.1992,  p.  1. 

OJ  No  L  261, 20.10.1993,  p.  1. 

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(3) 
provides that all vessels with chilled or refrigerated  sea-water tanks are to keep on board a 
document  certified  by  a competent  authority  and  indicating  the calibration  of  the tanks  in 
cubic metres at  10-centimetre intervals, 

HAS ADOPTED THIS REGULATION: 

Article 1 

1. 

From  1 January to 31 December  1997, vessels flying  the flag  of Poland 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  authorized  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. 

4. 

1. 

2. 

3. 

4. 

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 
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. 

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

(3) 

OJNoL132,  21.5.1987, p. 9. 

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 has been 
issued  by  the  Commission  on behalf  of  the  Community  at  the  request  of  the  Polish 
authorities and incompliance with the conditions set out in Annexes II and III. Copies 
of  these  Annexes,  the  licence  and  a  special  fishing  permit  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. 

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) 
(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  and  a  special  fishing  permit  are  requested. 

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

Only  fishing  vessels  under  47  metres  will  be  authorized. 

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. 

1. 

2. 

3. 

4. 

5. 

6. 

6 

7. 

8. 

9. 

10. 

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 Poland the names and 
characteristics  of their respective 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 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. 

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 

Polish catch quotas for 1997 

Fishing zone of Sweden (1) 

Species 

Herring 
Sprat 

Area within which 
fishing is authorized 

ICES Hid 
ICES IHd 

Quantity 
(tonnes) 

10 000 
3 000 

Number of 
licences 

J 

50  <2> 

(1) 

(2) 

Swedish waters south of 59° 30'  North in the Baltic Sea 
A maximum of 3 nonfishing  mother ships may also be used simultaneously. 

'  9 

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 oh 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. 
3.1, 
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 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: 
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) 

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; 

$ 

(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  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 
Renne 
Maarianhamina 
Helsinki 

OXB 
DAFDAK 
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 
(no call  sign) 
SOG 
OYE 
OHM 
OHG 

AJO 

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; 
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. 

The code to be used to indicate the species on board as mentioned  in point 4  above: 

COD  - 
SAL  - 
HER  - 
SPR  - 
WHB  - 
OTH- 
POK  - 

Cod (Gadus morhua), 
Salmon (Salmo salar), 
Herring  (Clupea harengus), 
Sprat (Spratrus sprattus). 
Blue Whiting  (Micromesistius  poutassou) 
Other 
Saithe  (Pollachius  virens) 

A* 

ISSN 0254-1475 

COM(96) 662 final 

DOCUMENTS 

EN 

03  11  15 

Catalogue number  :  CB-CO-96-674-EN-C 

ISBN 92-78-13342-6 

Office  for Official  Publications of the European Communities 

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