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 the Russian Federation
Date: 1997-04-10
Institutions: European Commission
Subjects: Russia, conservation of fish stocks, fishery management, fishing licence, fishing regulations

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  10.04.1997 
COM(97)145  final 

Proposal  for a 

COUNCIL REGULATION  fEO 

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

(presented  by the  Commission) 

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  the  Russian 
Federation and Sweden in  1992, the Community, on behalf of Sweden, held consultations 
with  the  Russian  Federation  which  resulted  in  a  reciprocal  Fisheries  Arrangement  for 
1997. 

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

£ 

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 the Russian Federation 

THE COUNCIL OF THE EUROPEAN UNION, 

I laving regard to the Treaty establishing the liuropean Community, 

Having  regard  to  Council  Regulation  (EEC)  No  3760/92  of  20  December  1992 
establishing a Community  system for fisheries  and aquaculture  l,  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 Article 3 of the agreement on 
fisheries of  11 December  1992 concluded  between  the  Government  of the  Kingdom  of 
Sweden and the Government of the Russian Federation, the Community, on behalf of the 
Kingdom  of  Sweden,  held  consultations  with  the  Russian  Federation  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 the Russian Federation; 

Whereas it is for the Council to lay down the specific  conditions under which catches by 
vessels flying the flag of the Russian Federation 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 policy2; 

1 
2 

OJ No L 389, 31.12.1992, p.  1 
OJ No L 261,20.10.1993, 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 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. 

2. 

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

4. 

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 

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 
zones  referred  to  in  that  Article.  Vessels  fishing  within  the  Baltic  Sea  shall  also 
comply  with the Fishery  Rules of the International Baltic Sea Fishery  Commission, 
as amended during the 22nd session. 

2. 

3. 

4. 

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. 

OJNoL  132,21.5.1987, p. 9 

h 

5. 

The  registration  letters  and numbers  of  the  vessels  must be  clearly  marked  on  the 
bow of each vessel  on both sides. 

Article  3 

1. 

Vessels  fishing  for  the  species  listed  in  Annex  I  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. 

The Russian authorities  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 Russian 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  a  special  fishing  permit  is  submitted  to  the 

Commission,  the following  information must be supplied: 

name of vessel; 
registration number; 
external  identification  letters and numbers; 

(a) 
(b) 
(c) 
(d)  port of registration; 
(e) 
(f) 
(g) 
(h) 
(i) 
(j) 
(k) 
(1) 

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. 

4. 

5. 

6. 

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. 

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  canceled  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. 

cT 

7. 

8. 

9. 

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. 

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

Article 5 

This  Regulation  shall  enter  into force  on the day  following  that  of  its publication  in the 
Official  Journal of the European Communities. 

This  Regulation  shall  be  binding  in  its  entirety  and  directly  applicable  in  all 
Member States. 

Done at Brussels, 

1997 

For the Council 
The President 

6 

ANNEX I 

Catch quotas to the Russian Federation for 1997 

Fishing zone of Sweden (1) 

(  ' 
(2) 

Swedish waters soulh of 59 "301 North  in the Baltic Sea 
A maximum of five non fishing  mother ships may also be used simultaneously 

¥ 

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: 

the quantity (in kilograms live-weight) of each specie caught; 

1.  After each haul: 
1.1. 
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: 
the indication "received from" or "transferred to"; 
2.1. 
the quantity (in kilograms live-weight) of each species caught; 
2.2. 
the name, external identification  letters and numbers of the vessel to or from  which 
2.3. 
the transhipment occurred; 
transhipment of cod is not allowed. 

2.4. 

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, via the relevant Swedish Authorities, to the 

European Commission: 

4.1.  date and time of the transmission; 
4.2. 
4.3. 

type of message: IN, OUT, or TWO WEEK; 
in the case of radio transmission: name of the radio station. 

ANNEX III 

1. 

The  information  to  be  transmitted  to  the  Commission  via  the  relevant  Swedish 
Authorities 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: 
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. 

(a) 
(b) 
(c) 

1.2.  On each occasion the vessel leaves the zone referred  to under  1.1: 
(a) 
(b) 
(c) 

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; 
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. 

(d) 
(e) 

1.3  At  fourteen-day  intervals,  commencing  on the  fourteenth  day  after  the  vessel first 

enters the zone referred  to under  1.1: 
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. 

(a) 
(b) 

(c) 

1.4. 
(a)  The name, call sign, external identification  letters and numbers of the vessel; 
(b) 
(c) 
(d) 

the licence number if the vessel is under licence; 
identification  of the type of message (active/passive); 
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: 

Stockholm 
Gryt 
Maarianhamina 
Helsinki 

SOJ 
(no call sign) 
OHM 
OHG 

4. 

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; 
- 

two weeks message: "2WKS"; 

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", 
- 
the date, the time and the geographical position; 
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; 

- 
- 
- 

- 

- 
- 

- 

5. 

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

COD 
SAL 
HER 
SPR 
OTH 

- 
- 
- 
- 
- 

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

AJD 

ISSN 0254-1475 

COM(97) 145 final 

DOCUMENTS 

EN 

03  11 

Catalogue number  :  CB-CO-97-137-EN-C 

ISBN 92-78-18044-0 

Office  for Official  Publications of the European Communities 

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