Proposal for a COUNCIL REGULATION (EC) layning down, for 1997, certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Norway
Date: 1996-12-16
Institutions: European Commission
Subjects: Norway, conservation of fish stocks, fishery management, fishing area, fishing licence

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  16.12.1996 
COM(96) 694 final 

Proposal  for a 

COUNCIL REGULATION  (EO 

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

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

Consultations  between  the  Community  and  Norway  were  held  in  Bergen  from  13  to  15 
November  1996 and  in Brussels from  27 to 29 November  1996 and from  9 to  11 December 
1996,  resulting  in an agreement  on reciprocal  fisheries  arrangements  for  1997. 

The  purpose  of this proposal  for  a Council  regulation  is to authorise  Norwegian  vessels  to 
fish  the  quotas  allocated  to  them  in  Community  waters  until  31  December  1997,  in 
accordance  with  the above  mentioned  arrangements. 

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  Norway 

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 Articles 2 and 7 of the  Fisheries 
Agreement between the European Economic Community and the Kingdom of Norway(2), the 
Community  and  Norway  have held  consultations  concerning  their  mutual  fishing  rights  for 
1997 and  the  management  of common biological  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 Agreement  of  19 December  1966 between  Denmark,  Norway  and  Sweden on 
reciprocal access to fishing  in the Skagerrak and Kattegat provides that each party shall grant 
vessels of the other parties access to its fishing zone in the Skagerrak and part of the Kattegat 
up to four  nautical  miles  from  the baselines; 

Whereas  it is for  the Council  to lay down the specific  conditions under  which  such  catches 
must be  taken; 

Whereas the fishing  activities covered by this Regulation are subject to the control  measures 
provided  for  in  Council  Regulation  (EC)  No  2847/93  of  12  October  1993  establishing  a 
control  system  applicable  to the common  fisheries  policy(3); 

d) 

(2) 

(3) 

OJ  No L 389,  31.12.1992,  p.  1. 

OJ  No  L226,  29.8.1980,  p. 48. 

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. 

5. 

Vessels  flying  the flag  of Norway  are hereby  authorized until  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,  Baltic Sea 
and  Atlantic  Ocean  north  of 43°00'N. 

Fishing  authorized  pursuant  to  paragraph  1 shall  be  limited  to  those  parts  of  the 
200-nautical-mile  fishing  zone  lying  seawards  of  twelve  nautical  miles  from  the 
baselines  from  which  the  fishing  zones  of  Member  States  are  measured;  however, 
fishing  in  the  Skagerrak  will  be  allowed  seawards  of  four  nautical  miles  from  the 
Danish baselines. 

Fishing  in the parts of ICES division Ilia bounded  in the west by a line drawn  from 
the Hanstholm lighthouse to the Lindesnes lighthouse and in the south by a line drawn 
from  the Skagen lighthouse  to the Tistlarna  lighthouse and from  there  to the  nearest 
point  on  the  Swedish  coast  shall  not  be  subject  to quantitative  limitations,  with  the 
exception  of  fishing  for  mackerel  and  saithe. 

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. 

(4) 

OJ  No L  132, 21.5.1987,  p.  9. 

3 

2. 

3. 

4. 

5. 

The vessels referred  to in paragraph  1  shall keep a log-book  in which the  information 
set  out  in Annex  II  shall be  entered. 

The vessels referred  to in paragraph  1, except for those fishing  in ICES division Ilia, 
shall  transmit  to  the  Commission,  in  accordance  with  the  rules  laid  down  in 
Annex III,  the  information  set out  in that  Annex. 

Those vessels referred  to in paragraph  1  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 cm  intervals. 

The registration letters and numbers of the vessels referred  to in paragraph  1  must be 
clearly  marked  on the bow  of each  vessel  on both  sides 

Article 3 

1.  When  fishing  in  any  ICES  division  under  the  quotas  fixed  in  Article  1,  vessels 
exceeding  200  GRT  must  hold  a  licence  and  special  fishing  permit  issued  by  the 
Commission  on  behalf  of  the  Community  and  must  observe  the  conditions  as 
established  by  that  licence  and  special  fishing  permit. 

Norway shall notify  to the Commission the name and characteristics of the vessels for 
which  licences  and  special  fishing  permits  may be  issued. 

2. 

The Commission  shall  issue the fishing  licences and special  fishing  permits  referred 
to  in  paragraph  1 to  all  vessels  for  which  a  licence  and  special  fishing  permit  is 
required  by  the  Norwegian  authorities. 

Requests for  amendments to the list of vessels licensed may be made at any time and 
shall be processed  expeditiously. 

3. 

When  an  application  for  a  licence  and  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 the  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 required. 

4 

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 thé obligations laid down in this Regulation 
have  not been  met. 

( 

The Commission shall submit on behalf of the Community, to Norway, the name and 
the characteristics of the Norwegian 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 

Fishing  within  the quotas  fixed  in Article  1 for  blue  ling,  ling and  tusk,  shall  be  permitted 
provided  that  use  is  made  of  the  method  commonly  known  as  'long-lining'  in  ICES 
division  Vb and  sub-areas  VI and VII. 

Article 5 

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

Article 6 

Vessels  authorized  to fish  on 31 December may continue their fishing  activities as from  the 
beginning  of  the  following  year,  on  the  basis  of  this  authorisation,  until  the  new  lists  of 
vessels  for  the  year  in  question  have  been  approved  by  the  Commission  on  behalf  of  the 
Community. 

5" 

This  Regulation  shall enter  into force  on  1 January  1997. 

Article 7 

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 

(o 

ANNEX I 
Norwegian catch  quotas for  1997 

(in metric  tonnes,  fresh  round  weight) 

Species 

Area  within  which  fishing  is authorized 

Quantity 

Mackerel 

Herring 

Sprat 

Cod 

Haddock 

Saithe 

Whiting 

Plaice 

Mackerel 

ICES Via  (2),  Vlld,  e,  f,  h,  lia 

ICES Via(2) 

ICES  IV 

ICES  IV 

ICES  IV 

ICES  IV,  Skagerrak(3) 

ICES IV 

ICES IV 

ICES IV,  Ilia 

Sanded,  Norway  Pout,  Blue 
Whiting 

I C £S 

Blue Whiting 

Blue Ling 

Ling,  Tusk 

Dogfish 

Basking  Shark(,) 

Porbeagle 

Shrimp 

Other  Species 

Herring 

Horse  Mackerel 

Combined  quota 

Greenland-Halibut 

ICES II,  IVa,  Via  (2),  VIb,  VII(4) 

ICES IV,  Vb,  VI,  VII,  Ha 

ICES  IV,  Vb,  VI,  VII,  Ha 

ICES  IV,  VI,  VII 

ICES  IV,  VI,  VII 

ICES IV,  VI,  VII 

ICES  IV 

ICES  IV,  Ha 

ICES  IVa,  b 

ICES  IV 

ICES Vb,  VI,  VII 

ICES Ha,  VI(5) 

10,100(6) 

4,900 

25,000 

10,550 

15,000 

45,000 

7,400 

2,890 

33,940(7) 

(8) 

255,000(9)(10) 

1,000(11)(12) 

16,000(11)(12) 

1,100(13) 

100 

200 

300 

5,000(14) 

46,110 

5,000 

2,000(15)  " 

1,700 

111  Basking  shark  liver. 
121  North  of  5 6 ° 3 0 ' N. 
131  Limited  in  the  west  by  a  line  drawn  from  the  Hanstholm  lighthouse  to  the  Lindesnes  lighthouse  and  in  the  south  by  a  line  drawn  from  the  Skagen 

lighthouse  to  the  Tistlarna  lighthouse  and  from  there  to  the  nearest  coast  of  Sweden. 

,4'  West  of  1 2 ° 0 0 ' W. 
151  Taken  w i th  long  lines  only  in  Sub-area  V I. 
161  Of  w h i c h 1 0 , 1 00  tonnes  may  be  fished  from  1  October  to  31  December  1997  In  Community  waters  in  Division  IVa. 
171  May  be  fished  in  Division  IVa  only,  except  for  3,000  tonnes  which  may  be  fished  in  Division  Ilia. 
181  Of  which  sand-eel  alone  not  more  than  5 0 , 0 00  tonnes  or  Norway  pout  and  blue  whiting  together  not  more than  5 0 , 0 00  tonnes.  Up to  10,000  tonnes 
of  the  Norway  pout  quota  may  be  fished  in  Division  Via  north  of  5 6 ° 3 0 ' N.  However,  this  quantity  should  be  deducted  from  the  quota  of  sandeel, 
Norway  pout  and  blue  whiting  in  Sub-area  IV. 

I9)  Of  which  no  more  than  4 0 , 0 00  tonnes  may  be  fished  in  Division  IVa. 
1101  Of  which  up  to  9,000  tonnes  of  Argentine  may  be  fished. 
1111  Of  which  an  incidental  catch  of  other  species  of  2 5%  per  ship,  at  any  moment,  is  authorised  in  Sub-areas  VI  and  VII.  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  Sub-areas 
VI  and  VII  shall  not  exceed  3,000  tonnes. 

1121  Of  which  ling  may  be  a  maximum  of  13,000  tonnes,  tusk  a  maximum  of  7,000  tonnes  and  blue  ling  a  maximum  of  3,000  tonnes.  Taken  with  long 

1131 

1141 

lines  in  Division  Vb  and  Sub-areas  VI  and  VII. 
Including  catches  taken  w i th  long  lines  of  grey  shark  and  black  shark,  bird  beak  dogfish,  leafscale  guiper  shark,  greater  lantern  shark,  smooth  lantern 
shark  and  Portuguese  dogfish. 
Including  fisheries  not  specifically  mentioned;  exceptions  may  be  introduced  after  consultations,  as  appropriate;  catches  of  sole  shall  be  limited  to 
by-catches  only. 

1,51  Taken  w i th  long  lines  only;  including  rat  tails,  mora  mora  and  greater  fork  beard. 

A 

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

2.  After  each transhipment  to or  from  another  vessel: 

2.1.  the  indication  "received  from"  or  "transferred  to"; 
2.2.  the quantity  (in kilograms  live-weight)  of each  species  transhipped; 
2.3.  the name, external identification  letters 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.  type  of message:  IN,  OUT,  ICES, WKL or 2 WKL; 
4.3.  in the  case  of radio transmission:  name  of the radio  station. 

r 

ANNEX  III 

1. 

The information  to be transmitted to the Commission of the European Communities and 
the  timetable  for  its transmission  are 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: 
the  information  specified  under  1.5; 
(a) 
the quantity  (in kilograms)  of each  species  of  fish  in the  hold; 
(b) 
(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) 
(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 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 zones  referred 
to under  1.1  when  fishing  for  all  species  other  than herring  and  mackerel: 
(a) 
(b) 

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  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)  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; 

(b) 
(c) 
(d) 

9 

(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 

Skagen 
Blâvand 
R0nne 
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 
Flore 
Rogaland 
Tj0me 
Àlesund 

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

/O 

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. 

The code  to be used  to  indicate  the species  on board  as mentioned  in 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 - Round-nose  grenadier (Coryphaenoides  rupestris), 
POK - Saithe  (Pollachius  virens), 
WHG - Whiting  {Merlangus merlangus), 
HER - Herring  (Clupea  harengus), 
SAN  - Sandeel  (Ammodytes  spp.), 
SPR - Sprat (Sprattus  sprattus), 
PLE - Plaice  (Pleuronectes platessa), 

11 

NOP - Norway  pout (Trisopterus  esmarkii), 
LIN - Ling (Molva  molva), 
PEZ - Shrimp (Panaeidae), 
ANE - Anchovy  (Engraulis  encrasicholus), 
RED - Redfish (Sebastes spp.), 
PLA - American plaice  (Hippoglossoides platessoides), 
SQX  - Squid (Illex 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. 

U 

ISSN 0254-1475 

COM(96) 694 final 

DOCUMENTS 

EN 

03  11  15 

Catalogue number  :  CB-CO-96-703-EN-C 

ISBN 92-78-13738-3 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

AS