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 Lithuania
Date: 1997-12-04
Institutions: European Commission
Subjects: Lithuania, catch quota, conservation of fish stocks, fishery management, fishing licence

I M S, 

•Mm 

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 04.12.1997 
COM(97) 657 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 Lithuania 

4<wf;-

(presented by the Commission) 

«I 

1 &>i 

EXPLANATORY MEMORANDUM 

In conformity  with the Agreement on Fisheries Relations between the European Community and the 
Republic of Lithuania, signed in Brussels on 20 December  1996, consultations were held between the 
Community and Lithuania in Brussels from 15 to  16 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  authorise  Lithuanian  vessels  to  fish  the  quotas 
allocated  to  them  for  1998  in  waters  of  the  Community,  in  accordance  with  the  above  mentioned 
reciprocal arrangement. 

3L 

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 Lithuania 

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 Lithuania  , and in particular Articles 3 and 6 
thereof, the Community  and Lithuania 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 Lithuania; 

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

Whereas the fisliing 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  ; 

(1) 
(2) 
(3) 

OJ No L 389, 31.12.1992, p.  1. Regulation  amended  by the  1994 Act of Accession 
O J N o L 3 3 2,  20.12.1996, p. 8. 

OJNo  L261,  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(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; 

Whereas, for imperative reason 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 Lithuania 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 log-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. 

OJNoL  132,21.5.1987, p. 9. 

U 

5.  The registration letters and numbers of vessels must be clearly marked on the bow of 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 
Lithuanian authorities and in compliance with the conditions set out in Annexes II and HI. Copies 
of  these  Annexes  and^the  licence  and  the  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  15th day of the preceding month. The Community shall process  expeditiously 
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)  name of vessel; 
(b)  registration number; 
(c)  external identification  letters and numbers; 
(d)  port of registration; 
(e)  name and address of the owner or charterer; 
(f)  gross tonnage and overall length; 
(g)  engine power; 
(h)  call sign and radio frequency; 
(i) 
(j) 
(k)  species for which it is intended to  fish; 
(1)  period for which a licence is requested. 

intended method of fishing; 
intended area of  fishing; 

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 amounts mentioned in Annex I. 

4.  Only fishing vessels under 40 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 fisliing 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. 

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

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

5^ 

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

obligations laid down in this.Regulation. 

9.  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 notheen met. 

lO.The  Commission,  on  behalf  of  the  Community,  shall  submit  to  Lithuania  the  names  and 
characteristics  of  Lithuanian  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. 

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

Article 5 

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 

6 

ANNEXI 

Lithuanian catch quotas and licences for 1998 

Fishing zone of the Members States of the Community 

^Species"' 

^samssmseseji 
** iC Area within which ? 

^ssQuantity>^ 
k'sll (tonnes)*- ' 

Number bf^'VK 
Licences^te?^ 

Cod 

Herring 

Sprat 

Salmon-

ICESIII(d)(l) 

ICES 111(d)(I) 

ICES 111(d)(I) 

ICES 111(d)(1) 

1,350 

500 

4,000 

500(2) 

} 
} 

} 70 (50) 
} 
} 
} 

(i) 

(2) 

(3) 

Beyond  12-nautical-rmiles from the baselines from which the territprial 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 four transport refrigerator  vessels will be authorized in the herring and sprat fisheries, but 
no more than three vessels will be authorized at any given time. 

Y 

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. 

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. 
3.2. 

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. 

s 

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: 
the information specified under 1.5; 
(a) 
the quantity (in kilograms live-weight) 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 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 offish  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 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: 
(a) 
(b) 

the information specified under  1.5; 
the  quantity  (in  kilograms  live-weigh't)  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 (IN/OUT/ICES/WKL/2 WKL); 
the date, the time and the geographical position of the vessel. 

5 

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 
Renne 
Maarianhamina 
Helsinki 

OXB 
DAFDAK 
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 

AJO 

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; 
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. 

5. 

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

COD  - 
- 
SAL 
- 
HER 
- 
S PR 

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

AA 

ISSN 0254-1475 

COM(97) 657  final 

DOCUMENTS 

EN 

03  11  14 

Catalogue number  :  CB-CO-97-671-EN-C 

ISBN  92-78-28478-5 

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