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

COMMISSION  OF  THF  EUROPFAN  COMMUNITIFS 

A f t* 

Brussels,  12.12 1996 
COM(%) 666 lliutl 

Proposal  for  u 

COUNCIL MOUL A HUM (LCJ 

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

(presented  by  (he Commission) 

EXPLANATORY  MEMORANDUM 

In  conformity  with  the  new  framework  Agreement  on  Fisheries  Relations  between  the 
European  Community  and  the  Republic  of  Estonia,  concluded  on 
consultations were held between the Community and Estonia in Tallinn from  15 to 16 October 
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 Estonian 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  199/  certain  measure»  for  the conservation  ami  management 
of fishery  resources applicable  to vessels  flying  the flag of  Estonia 

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"*, its 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 Estonia(2), concluded  on .... 
, and  in particular  Articles 3 and  6 thereof, the Community  and  Estonia 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  Estonia; 

Whereas  it  is  for  the  Council  to  lay  down  the  specific  conditions  under  which  catches  by 
vessels  flying  the  flag  of  Estonia  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 policy11; 

Whereas  Article  3  (2)  of  Commission  Regulation  (EEC)  No  1381/87  of  20  May  1987 
establishing  detailed  rules  concerning  the  marking  mid  documentation  ol  fishing  vessels141 
provides  that  all  vessels  with  chilled  or  refrigerated  sea-water  tanks arc  to  keep on  board  a 
document,  certified  by a competent  authority,  indicating the calibration  of  the  tanks  in cubic 
metres at  10-centimetre intervals, 

(?) 

(3) 

(*) 

OJNo  L 389,  31.12.1992,  p.  1. 

OJ  No  C  279,  2.V9  19%,  ,,.6. 

OJ No  L 261,  20.10.1993,  p.  1. 

OJ  N oL  132,21.5.1987,  p.  9. 

SL 

HAS  ADOPTED  THIS  REGULATION: 

Article 1 

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

Fishing authorised under paragraph  1  shall be limited to those parts of the 200-nautical-
2. 
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 

Vessels fishing  within the quotas fixed in Article  1 shall comply with the conservation 
1. 
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 

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  Estonian  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. 

3 

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. 

9. 
For a period not exceeding twelve 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. 

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

V 

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 

Estonian  catch  quotas and  licences  for  1997 

Fishing zone  of the Members States  of the  Community 

Species 

Cod 

Herring 

Sprat 

Area  within  which 
fishing is  authorised 

Quantity 
(tonnes) 

ICES  llld(,) 

ICES IIId(,) 

ICES  Illd0) 

1,400 

6,500 

6,500 

Number  of 
Licences*2* 

60 (30) 

} 
)  60 (42) 
} 

(1) 

Beyond  12-nautical-miles  from  the baselines  from  which  the territorial  sea  is measured  and  south  of 
50o30'  North. 
The  number  of  licences  mid  special  llshlng  permit*  valid  til  mty  given  (hue  IN  nicniioncd  bclwccn 
brackets. 

€ 

ANNEX  II 

When  fishing  within  the  200  nmiliealmile  /one  off  Ihe  COHNIS 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  taught; 
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  WKI,; 
in the  case  of  radio transmission:  name  of  the  radio  station. 

1-

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  I.I: 

(a) 
(b) 
(c) 

(il) 
(e) 

(0 

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; 
(lie  KIN  division  in  which  lite  catches  iveie  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  M; 
the  quantity  (in  kilograms  live-weight)  of  each  species  caught  since  the 
previous  transmission; 
the  IC'liS 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. 

<r 

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. 

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 
R0nne 
Maarianhamina 
Helsinki 

OXB 
DAFDAK 
DAH  DAL 
DAI  DAM 
DAJDAN 
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; 

9 

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 offish  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). 

/o 

ISSN 0254-1475 

COM(96) 666  final 

DOCUMENTS 

EN 

03  11  15 

Catalogue number  :  CB-CO-96-678-EN-C 

ISBN 92-78-13386-8 

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