Proposal for a Council Regulation (EC) laying down for 1998 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Latvia
Date: 1997-12-04
Institutions: European Commission
Subjects: Latvia, authorised catch, catch quota, conservation of fish stocks, fishery management

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  04.12.1997 
COM(97)  664  final 

Proposal  for a 

COUNCIL REGULATION  (EC) 

laying down for  1998 certain measures for the conservation and management 
of fishery resources applicable to vessels flying the flag of Latvia 

(presented by the  Commission) 

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EXPLANATORY MEMORANDUM 

In conformity with the Agreement on Fisheries Relations between the European Community and 
the  Republic  of  Latvia,  signed  in  Brussels  on  19 December  1996,  consultations  were  held 
between the Community and Latvia in Riga from 23 to 24 October 1997, resulting in an Agreed 
Record  of conclusions defining a reciprocal fisheries arrangement for 1998. 

The purpose of this proposal for a regulation is to authorize Latvian vessels to fish the quotas 
allocated to them for  1998 in waters of the Community, in accordance with the above mentioned 
reciprocal arrangement. 

Proposal for a 

COUNCIL REGULATION (EC) No 

/98 

of.... December  1997 

laying down for  1998 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(  , 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(  , and in particular Articles 3 and 
6  thereof,  the  Community  and  Latvia  have  held  consultations  concerning  their  mutual  fishing 
rights for  1998 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  1998  should  be  fixed  for  the  vessels  of  the 
other Party; 

Whereas  the  necessary  measures  should  be  taken  to  implement,  for  1998,  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 

, 

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) 

OJ No L 389, 31.12.1992, p. 1. Regulation as amended by the  1994 Act of Accession 
OJ No L 332, 20.12.1996, p.l. 
OJ No L 261,20.10.19.93, p. 1. 
OJNoL  132, 21.5.1987, p. 9. 

Whereas, for imperative reasons of common interest, this Regulation will apply from 1 January 
1998, 

HAS ADOPTED THIS REGULATION: 

Article 1 

1.  From  1  January  to  31  December  1998,  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  1998 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. 

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 zone referred  to  in that 
Article. 

2.  The  vessels  shall  keep  a Jog-book  in  which  the  information  set  out  in  Annex  II  shall  be 

entered. 

3.  The  vessels  shall  transmit  to  the  Commission,  in  accordance  with  the  rules  laid  down  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. 

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

vessel on both sides. 

V 

Article 3 

1.  Fishing  under  the  quotas fixed in Article  1 shall be permitted  only  where a licence  and  à 
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 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  15th  day  of  the  preceding  month.  The  Community  shall 
expeditiously process requests for adjustments to a monthly list during its duration. 

2.  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 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. 

5.  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. 

6.  Licences  and  special  fishing  permits  may  be  canceled  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. 

7.  Licences and s_pecial fishing permits shall be wholly or partially withdrawn  before  the date 

of expiry if the respective quotas fixed under Annex I have been exhausted. 

8.  Licences and special fishing permits shall be withdrawn in the event of any failure to meet 

me 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  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. 

Article 5 

This Regulation shall enter into force on the day of its publication on the Official  Journal of the 
European Communities. It shall apply from 1 January 1998. 

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

Done at Brussels,.... December 1997. 

For the Council 
The President 

ANNEXI 

Latvian catch quotas and licences for 1998 

Fishing zone of the Members States of the Community 

Cod 

Herring 

Sprat 

Salmon 

ICES III(d)(I) 

ICES III(d)(1) 

ICES III(d)(1) 

ICES III(d)(1) 

2,500 

2,500 

6,000 

2,000(2) 

}  110(58) 
} 

6(4) 

0) 

(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 H 

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. 
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. 

2. 

3. 

4. 

After  each transshipment 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 transshipped; 
the  name,  external  identifications  letters  and  numbers  of  the  vessel  to  or  from 
which the transshipment occurred; 
transshipment 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. 

transmission  of  information 

to  the  Commission  of  the  European 

After  each 
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  in 

1. 

The information  to be transmitted to the European 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) 

me 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 shall  suffice. 

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: 
(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) 

(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. 

2.1". 

The  information  specified  under  point  1  shall  be  transmitted  to  the  European 
Commission 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 
R0nne 
Maarianhamina 
Helsinki 

' 

OXB 
.  DAP DAK 
DAHDAL 
DAI DAM 
DAJDAN 
PCH 
OST 
GNF 
GKZ 
GCC 
GKR 
GPK 
GLV 
GIL 
GNI 
GND 
GKA 
GKB 
GKC 
GLD 
EJK 
EJM 
FFB 
FFU 
FFO 
FFC 
SDJ 
(no call sign) 
SOG 
OYE 
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: 

/o 

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 

- 
- 
- 
- 

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

.  , 

II 

ISSN 0254-1475 

COM(97) 664 final 

DOCUMENTS 

EN 

03  11  14 

Catalogue number  :  CB-CO-97-682-EN-C 

ISBN  92-78-28665-6 

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